256 


Shorthand  and  typewriter 
dictation  exercises... 


Klias  Longley 


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lity 


THE  LIBRARY 

OF 

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SHORTHAND  AND  TYPE-WRITER 


Dictation  •:- 


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FOR 


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BY 

IlONGLEY 


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-3 


COPYRIGHTED 
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1888. 


LONGLEY'S 

Eclectic  Manual  of  fhonogfaphj. 


By    ELIAS    LONGLEY. 


int.   14±,    Stiff  paper  coverf  4$5c.;  cloth,   r.>r 


Will  be  sent  by  mail,  prepaid,  on  receipt  of  the  price. 


Mr.  Longley's  name  has  been  prominently  connected  with  phono- 
graphic.writing,  reporting,  and  publishing  for  the  last  thirty-five  years.  His 
'•  MANUAL"  was  tir>t  published  in  1854,  and  continued  for  twenty-five 
one  of  the  most  popular  shorthand  books  in  the  market.  In  1879, 
it  was  thoroughly  revised,  and,  as  the  "  ECLECTIC  MANUAL,"  has  become 
a  standard  work.  In  this 'new  edition  of  1882,  it  has  again  undergone 
careful  res'ision.  The  system  is  that  of  ISAAC  l'i  I.MAN  (of  England),  with 
all  his  latest  improvements,  and  those  suggested  and  developed  by  the  best 
American  writers  on  Phonography,  and  the  author's  own  experience  in  the 
constant  practice  of  his  profession  for  many  years. 

The  new  edition  preserves  all  the  characteristic  features  of  the  former 
book — simplicity  of  style,  classification  and  sequence  of  illustration 
exercises.  The  first  lessons  are  rendered  more  easy  of  comprehension  by 
the  introduction  of  portions  only  of  the  alphabet  at  a  lime,  out  of  which 
simple  exercises  are  readily  formed;  and  by  interlined  translations  of  the 
shorthand  in  common  print,  both  of  which  are  features  to  be  found  in  this 

;one. 

The  exceeding    brevity  of  the    English     instruction    books    has    been 
led,  while  the  great   prolixity  of   most   American  authors,  v 
and    crowded    pages    reach    into    the     hundreds,    has    been   as  judu 
guarded   against.      In  this  book  of  convenient    si/e,  the  time  and  nu 
of  the  pupil  are  not  taxed  with  unnecessary    and  impracticable  discussions 
on  plu  ,   language    and    its  visual  representa- 

tion, iining    the   study  by  a  formidable  vol- 

ume, li/Jng  page  after  page 

tract  principles  and  rules,  before  becoming  charmed  with  the  prac- 
tice based  upon  them.  In  its  inviting  pages,  principle  and  practice  go 
hand  in  lu 

re    in    the  re     MAM   u.."    i-    such    an 

L-ment  of  the  lessons,  that  no  word  or  class  of  v,  miired  to  he 

written,  until  the  pri;.  >  which  they  are  written  in  their 

Forms.      liy   this   means,    the   student    is   not    compelled    to 

spend  his  time  in  learning  to  write  long  lists  of  words,  and  then  suffer  the 

he  forms  thus  learned,  and 

himself  v.  What    is  once    learned    in 

this  book,  remains  a  fixed  fact  with   the   pupil   in   all   his  after  use  of  the 
system 


SHORTHAND  AND  TYPE-WRITER 


DICTATION  EXERCISES 


COUNTED   AND   TIMED 


50,    75,    100,     135,    AISTD     ISO    WORDS    PER    IVtlNTJTK 


ADVANCED  LEAR.NKRS  IN  ANY  SYSTEM 


BY 

EL1AS    LONGLEY 


NEW     YORK 

.    N.    MINER 

70    BROADWAY 
1890 


CONTENTS. 


i  mi.  .  Page- 
Never  too  Late  to  Learn  (E.  N.  'Miner),  ...  50  words,  3 
Keep  up  with  the  Procession  (E.  N.  Miner),  .  .  50  "  4 
Mis-hearing  and  Mis-reporting  ( T.  A.  Heed),  .  .  50  '•  G 

The  Way  to  Succeed  in  Business, 50  "  7 

Eloquent  Tributo  to  the  U.  S.  Court,          .         .         .         .  50  9 

Severe  Charge  of  a  Judge, 50  10 

The  Death  Penalty  (Donn  Piatt) 50  "  11 

A  Brief  Judicial  Decision,     .         .         .                  .         .  .     50  "  13 

Senator  Sherman  in  Faneuil  Hall 75  "  14 

American  Labor  Platform 75  "  15 

Cincinnati  Exposition  Speech, 75  "  10 

Necessity  of  a  Pure  National  Morality,         .         .         .  .     75  "  18 

Ingersoll's  Eulogy  of  Conkling, 75  "  20 

Life  Insurance  Correspondence, 75  "  24 

Crowding  the  Shorthand  Market  (E.  N.  Miner),       .  100  25 

An  End  of  All  Perfection  (Mrs.  Sigourney),             .         .  100  "  27 

Speech  of  Hon.  Geo.  H.  Pendleton,                    .         .  100  "  29 

Forfeiture  Contracts  and  Mortgages 100  "  32 

Petition  in  a  Suit  for  Damages,           .....  li-O  "  ^3 

Answer  to  a  Plaintiff's  Petition, 100  "  34 

Legal  Correspondence  (Bishop  Elder),         ....  100  "  36 

The  Real  Issue  in  the  Campaign,             .         .         .         .  100  "  38 

Crime  Its  Own  Detecter, 125  "  42 

Lies  and  Liars  (a  Sermon) 125  "  44 

Cincinnati  Southern  Railroad  Investigation.     .         .         .  125  '«  47 

A  Blundering  Judge's  Charge 125  "  49 

Lord  Coleridge  on  Libel,              ....                   .  125  "  50 

Murchison-West  Correspondence,          .         .         .         .  12-"<  "  52 

About  the  Girl  Amanuensis  (S.  S.  Packard),     .         .  125  "  55 

Charles  Sumnev,  as  a  Man  and  Statesman,             .         .  125  ;>  58 

Joseph  Cook  on  Prohibition, 125  "  59 

Hon.  Thos.  Reed  on  Free  Trade,            ....  150  "  01 

Argument  in  a  Suit  for  Libel 150  "  65 

Testimony  in  a  Suit  Charging  Fraud,     .  150  "  68 


PREFATORY   REMARKS. 


AFTER  the  student  of  shorthand  has  mastered  the  principles  of  the' 
art,  and  written  all  the  exercises  given  in  the  text-books  until  he  is 
weary  of  the  repetitions,  it  is  still  necessary  to  extend  his  practice,  in  order 
to  become  perfectly  familiar  with  every  style  of  English  speech.  To  afford 
such  practice,  in  a  manner  that  will  facilitate  his  speed  and  increase  the 
legibility  of  his  writing  to  the  highest  degree,  and  in  the  most  convenient 
way  is  the  object  of  this  little  book. 

The  compiler  has  been  for  many  years  a  teacher  of  Phonography,  both 
to  beginners  and  to  advanced  students;    and  during   that  time  he  has 
spent  much  labor  in  selecting  and  preparing  appropriate  matter  for  the 
persevering  learner — matter  that  will  interest  and  instruct,  and  therefore 
keep  the  attention,  while  it  affords  the  best  verbal  and  phraseological 
practice  for  all  classes  of  work.     The  contents  of  these  pages  are  the  re- 
go  suit  of  that  labor  and  devotion  to  the  chosen  profession  of  his  life.     In 
£«J  placing  them  in  this  permanent  form  for  the  use  of  his  fellow  teachers 
^  and  private  learners,  without  regard  to  the  systems  of  shorthand  prefern  d' 
2^  the  writer'hopes   that   his  judgment  in  making  the  selections,  and  in 
|  dividing  the  matter  into  convenient  divisions  for  the  use  of  pupils  of  •.'•}] 
3  grades,  will   be   entirely  satisfactory,  and   prove   of   as   much  value   to 

teachers  and.  pupils  as  they  have  been  to  him. 

*>       It  may  be  thought,  on  first  consideration,  that  the  exercises  would  have 

IQ  been  more  valuable  if  the  words  to  be  written  in  phrases  had  been  con- 

z    npcted  by  hyphens.     But  this  would  have  limited  the  usefulness  of  the 

5    liook,  in  this  respect,  at  least,  to  those  who  wrote  the  system  in  which  it 

was  marked  for  phrasing;    furthermore  it  is  doubtfulwhetherphra.se  in' 

u  dications  are  more  a  help  than  'a  hindrance  to  a  learner  after  he  has 

2  studied  the  "principles  of  phrasing"    in   the  text-books.      There  must 

3  come  a  time  when  he  will  throw  away  leading  strings,  and  this  is  perhnp-i 
the  best  time.     In  a  shorthand  school,  where  the  reader  is  skillful,  he  can 
so  run  the  words  together  in  speech  as  to  indicate  those  that  should  be 
joined  in  writing,  and  tlus  prompt  his  pupils  to  write  them  properly. 
The  private  reader  should  be  directed  how  to  do  the  best  he  can  in  this 
respect.  (i) 


452277 


Preface. 


HOW   TO   USE   THIS   BOOK. 

There  are  five  rates  of  speed  especially  provided  for  in  this  book,  viz 
50,  75,  100,  125,  and  150  words  per  minute.  But  these  minute  sections  are 
all  marked  in -divisions  of  25  words:  thus,  in  the  first  selections,  at  the 
end  of  25  words  is  placed  the  sign  |  ;  at  the  end  of  the  nexfc  25  the  figure 
(1)  is  placed,  to  indicate  the  end  of  the  first  minute;  after  two  more  divi- 
visions  of  25  words,  the  second  minute  is  indicated,  and  so  on.  The  next 
ten  pages  are  divided  into  sections  of  three  divisions  of  25  words,  the  sign 
||  representing  50,  and  at  the  end  of  each  75  words  the  number  of  minutes 
is  indicated.  In  the  portion  devoted  to  100  words  per  minute,  the  sign  • 
represents  75  words;  in  the  125  words  section,  f  represents  100;  and  in 
the  150  words  section,  \  represents  125. 

Each  exercise  should  be  studied  and  practiced  by  the  learner  before  he 
undertakes  to  write  it  from  dictation ;  that  is,  he  should  glance  through 
ft,  and  see  if  there  are  any  words  that  should  be  contracted,  or  any  uir 
usual  words  with. whose  outlines  he  is  not  familiar,  and  if  so,  he  should 
write  them  several  times  over;  he  should  also  determine  what  words 
should  be  phrased;  then  he  should  write  the  whole  article  through  once 
or  twice  by  himself. 

If  the  writer  wishes  the  reader  to  read  at  the  rate  of  50  words  per  min- 
ute, he  should  time  him  by  the  watch  until  he  has  attained  about  the 
right  speed;  and  then  the  reader  should  lay  a  w;itch  before  him,  and  see 
that  he  does  not  read  more  than  25  words  \vhile  the  second  hand  is  mak- 
ing half  its  round.  If  the  student  wishes  to  write  at  the  rate  of  75  words, 
the  reader  should  aim  to  reach  each  division  of  25  words  in  20  seconds; 
if  150  words,  he  should  reach  each  50  words  in  20  seconds. 

No  page  should  be  passed  until  it  can  be  readily  written  at  the  rate  for 
which  it  is  counted,  even  if  some  require  much  more  time  than  others. 

If  the  student,  when  he  obtains  this  book,  can  already  write  50  or  100 
words  per  minute,  he  should  still  begin  with  the  first  exercises,  and  write 
one  and  a  half  or  two  sections  per  minute;  in  fact  he  may  have  his  reader 
time  his  speed  to  any  rate  on  any  selection  in  the  book. 

It  is  better  for  the  reader  to  read  only  as  fast  as  the  student  can  write 
legibly,  even  if  he  does  not  at  first  come  up  to  the  count  of  the  copy;  for 
if  he  gets  into  the  habit  of  making  errors,  or  bad  outlines,  in  his  practice, 
it  will  be  difficult  to  avoid  them  in  actual  work. 

ELIAS    LONGLEY. 
Los  Angeles,  Cal. 


DICTATION  EXERCISES. 


NEVER  TOO  OLD  TO  LEARK 

IT  ow  frequently  is  heard  the  expression,  "  1  tear  I  am  too  old         59 

to  learn,"  can  only  be  realized  by  a  teacher  of  shorthand.       words 
Men  and  |  women  will  come  into  our  office,  at  thirty,  just  in  the         Per 
prime  of  life,  in  the  full  bloom  of  health  and  vigorous  strength, 
faculties  unimpaired,  (1)  ...  and  with  their  intellects  made  more        (50) 
keen  by  a  few  years'  rubbing  against  the  world,  and  will  say — 
"Am  I   not  too  old  to  learn  |  shorthand?"     And  then  anxious 
yet  fearful,  he  or  she  w-ill  look  at  you  in  away  which  assures  you 
that  you  were  mistaken  in  the.  (2)  ...person  before  you — that       0()0) 
here  is  one  who  is  tottering  on  the  very  verge  of  the  grave,  who 
ha?  left  youth  and  strength  away  back  |  in  a  dim  and  shadowy, 
•  long-forgotten  past,  which  has   now  no  part  with  the  hopeless 
present      And  yet,  but  a  third  of  a  century  (3)  ...  ago,  this  per-       (l-"'(l) 
son  was  a  prattling  babe,  and  but  one  decade  of  years  ago  the 
future  was  all  before  him. 

My  friend,  at  thirty  we  |  are  just  learning  how  to  learn.     You 
are  thirty,  or  you  are  forty,  and  you  are  just  ripe  for  the  battle, 
just  arrived  at  that  (4)  ...  age  when  the  mind  is  most  ready  to       (200) 
perceive,  and  most  fit  to  retain  its  impressions.     Many  of  the 
most  eminent  reporters  in  our  courts  |  to-day  began  the  study  of 
shorthand  when  far  past  a  prime  of  life  which  you  are  just  ap- 
proaching.      That  certain  amount  of  advanced  education  and 
(o)  ...  ready  familiarity  with  language,  which  is  absolutely  neces-       (l2~>0) 
sary  to  the    full    comprehension   and  attainment  of  shorthand, 
you  have  gained   in   the  few  years  you  have  |  left  behind  you. 
Your  mind,   sharpened  by  years  of  added  knowledge,  is  at  its 
best;     your  memory,  quickened  by  long  usage,  is  ripe  for  the 
(6)  ...  conflict;     your  ideas  and  your  fingers  were  never  more       (300) 
steady  for  the  work;    you  have  brought  your  stepping-stones  with 
you,  and  the  river  is  |  before  you  at  low  tide.     Do  not  hesitate  to 


Cross  it  because  of  a  few  added  years,  for  thty  should  have  given 

(350)       you  an  experience  (7)  ...  which  will  avoid  the  rocks. 

And  how  many  are  the  lines  of  learning  in  which  we  find  the 
"  old  boys  "  (all  of  them  old  enough  |  to  be  y^ur  father),  digging 
away  at  something  new,  and  then  making  it  the  success  of  their 

(400)  lives.  Cato,  at  eighty  years  of  age,  began  (8)  ...  to  study  the 
Greek  language.  He  was  afterwards  the  most  celebrated  orator 
of  his  time.  His  famous  speech  relative  to  the  Catalinian  con- 
spiracy was  taken  |  down  and  preserved  in  shorthand.  Plutarch, 
when  between  seventy  and  eighty,  commenced  the  study  of 
Latin.  Sir  Henry  Spellman  began  the  study  of  the  sciences 

(4~>0)  (9)  ...  when  he  was  between  fifty  and  sixty  years  of  age.  After 
this  time  he  became  a  most  learned  antiquarian  and  lawyer.  Dr. 
Johnson  applied  himself  |  to  the  Dutch  language  but  a  few  years 
before  his  death.  Franklin  did  not  fully  commence  his  phil- 

(500)  osophical  pursuits  until  he  had  reached  his  fiftieth  (10)  ...  year. 
Charles  Dickens  had  passed  the  thirties  when  he  began  the  study 
of  shorthand,  and  he  made  one  of  the  most  skillful  reporters  of 
his  |  time,  in  all  England. 

We  have  known  more  to  succeed,  proportionately,  who  began 
the  study  when  on  the  "shady  side"  of  thirty,  than  at  any 

(550)       (11)  ...  other  age      Our  successes  usually,  yes,  almost  invariably. 
come  to  us  when  we  have  passed  that  age. 
Remember  that 

'•  No  star  is  ever  lost,  we  |  once  have  seen — 
We  always  may  be  what  we  might  have  been." 

It  is  not  the  age  which  proves  the  failure  to  master  shorthand. 

60          Be  (12)  ...  your  years  what  they  may,  if  the  work-shop  of  your 

brain  is  still  stored  with  energy,  perseverance,  and  a  determination 

to  "  do  or  die,"  |  the  road  to  shorthand  is  clear  before  you.    (633) 


KEEP  UP   WITH  THE  PROCESSION. 

50          T  N  this  "  age  of  improvement"  how  few  keep  up  with  the  won- 

voras  derful  progress  which  is  every-\vhere  going  on  about  us. 

minute          Even  in  your  own  line,  |  how  little  you  know  of  what  is  really 

being  done  for  your  own  individual  benefit  and  advancement;  of 

(50)         the  many  minds  at  work  day  and(l) ...  night,  working  to  form  some 


new  contrivance  which  shall  lighten  your  labors  or  place  you 
another  step  in  advance  of  the  age  you  are  leaving  |  behind  jou. 
As  you  toil  along,  intent  upon,  the  success  of  your  own  affairs, 
and  anxiously  regarding  only  the  narrow  path  which  you  see  be- 
fore (2)  ...  you,  how  little  you  know  of  the  other  world,  so  close  (  1001 
beside  you,  which  works  for  you,  and  toils  for  you,  and  strives 
for  you,  |  and  how  little  that  other  world  knows  of  you. 

What  is  it  to  you  that  some  poor,  worn-out  wretch  has  lost  the 
best  part  (3)  ...  of   his  life-time  in  perfecting  an  arrangement       (150) 
which   is  never  perfected;  or  that,  in  the  labor  of  poverty  and 
want,  he   grows  old  and  |  gray,  and  drops  into  the  grave  while 
seeking  the  completion  of  the  impossible;  or  that  some  misera- 
ble, half-starved  victim  of  hope  has  wasted  his  (4)  ...  endeavors,       (2001 
year  upon  year,  and  sacrificed  for  his  family  the  common  neces- 
sities of  life,  in  the  hopeless  longing  and  striving  to  attain  some- 
thing which  is  |  unattainable;  what  is  it  to  you?    Nothing.    You 
jog  along  on  your  selfish,  careless  way,  and — he  on  his.     But  sud- 
denly the  world  is  startled  !  (5)  ...  A  something  is  accomplished  !       (250) 
An  important  invention   is  discovered!     The  tireless  toiler  has 
not   dropped   forever  into   the   obscurity  of  the  unknown,  the 
hitherto  forgotten  |  wretch  is  the  recipient  of  a  world's  applause  ! 
But  what  did  you  know  of  it,  till  it  was  done?     Nothing.     As 
little  you  cared,  and  (6)  ...  your  ignorance  was  your  loss.     For,       (300) 
lia  1   you  known  of  it,  perhaps  your  lot  it  would  have  been  to 
have  taken  time  by  the   forelock,  |  and   gained  the   gratitude 
which  fell  to  another's  share. 

So,  expansion  is  progression ;  the  norrow-minded  do  not  pro- 
gress, and  only  those  who  are  constantly  (7)  ...  alive  to  the  issues  (350) 
of  the  day  and  to  the  improvements  of  the  age  in  which  they 
live,  whc  are  ready  to  take  advantage  of  |  all  that  may  be  of- 
fered in  the  scientific  or  mechanical  world,  only  they  are  worthy 
or  capable  of  appreciating  or  benefiting  the  advancement  which 
the  (8)  ...  age  demands.  (400) 

No  man  more  than  the  shorthandercan  realize  that  he  cannot 
stand  still.     Not  to  move  forward,  is  to  retrograde;  not  to  gain  | 
ground,  is  to  lose  it.     So  it  is,  as  the  world  moves  on  about  us, 
not  to  keep  informed,  is  to  "get  behind  the  procession  "  (9)  ...       (450) 
of  which  we  are  a  part,  the  procession  of  shorthanders  and  type- 
writers, the  liveliest  procession  of  the  liveliest  century  the  world 
of  progress  has  ever  |  known. 


.  6 

Keep  informed!     If  you  hear  of  a  new  thing,  inquire  of  itl 
write  concerning  it !  learn  about  it !     Don't  get  behind  the  pro- 

.  5i)tij  cession!  (10)  ...  Don't  be  satisfied  in  knowing  what  you  have 
.already  gained  !  That  may  have  done  for  its  time,  but  that  timo 
has  passed  away,  and  something  |  better  has  taken  its  place. 
Channels  are  opening  up  about  you  whereby  you  can  keep  posted 

(:,.•)(.))       concerning  what  is  going  on.     Do  not  be  of  (1 1)  ...  the  class  who 
are  always  hearing  for  the  first  time  from  somebody  else  of  what 
the  world  is  doing.     Inquire!     Learn  for  yourself !     Don't  be  | 
satisfied  to  be  the  wall-flower  at  the  ball,  who  merely  succeeds  in 
making  a  grease-spot  on  the  paper  with  the  back  of  his  head  \ 

(fiOO)       (12)  ...  Get  up  1     Be  of  the  crowd  that  i-i  moving!     Take  a  part 
in   the  dance,  and  perform  your  own  work  in  the  play  of  life  | 
which  is  going  on  about  you.  (631) 


MIS-HEARING  AND  MIS-REPORTING. 

50         iY/IR    THOMAS    A-    REAI>,  in    his   very   readable  "  Reminis- 
cences  of  a  Reporter,"  in    the  Phonetic  Journal,  gives   his 


experience  under  this  head  as  follows:  | 

I  remember  a  witness  once  saying,  "  My  brother  was  home  by 
three  o'clock;  I  was  home  by  four,"  or  "before."  Which  he 
(50)  meant  I  did  not  (1)  ...  know,  and  I  do  not  know  to  this  day 
whether  I  gave  a  correct  interpretation  of  his  evidence.  "  What 
do  the  Turks  want?  To  be  |  a  nation,"  said  a  speaker  in  Parlia- 
ment. "  To  be  in  Asia,"  wrote  the  reporter,  and  the  words  wore 

(100)  so  printed.  "Attendors  of  clubs,"  in  the  (2)  ...  mouth  of  Mr. 
Bright,  was  transformed  into  "venders  of  gloves."  And  the  lat- 
ter part  of  the  statement  that  "  all  reforms  in  this  country  have 
been  |  brought  about  by  pressure,"  was  reported  "brought  about 
by  Prussia." 

When  an  absurd  and  obviously  wrong  word  or  phrase  reaches 

(150)  the  ear,  it  is  of  (3)  ...  no  use  to  stop  and  think,  even  for  a  second 
or  two,  what  it  should  be;  the  only  safe  method  is  to  write  pre- 
cisely what  |  is  heard,  no  matter  how  ridiculous  it  may  be.  If 
the  hand  hesitates,  the  pen  may  fall  behind  the  speaker;  and  if  a 

(200)  blank  is  (4)  ...  left  for  the  doubtful  word  or  sentence,  when  the 
reporter  comes  to  transcribe  his  notes,  he  may  no  longer  remem- 
ber the  impression  that  was  made  |  upon  his  ear,  which  was 


probably  approximately  accurate,  and  would,  on  a  little  reflection, 

suggest  the  right  interpretation.     Indeed,  while  a  reporter  is  in 

the  (5)  ...  act  of  taking  notes,  the  doubt  may  be  removed.     The       (250) 

speaker  may  use  the  same  phrase  again,  and  this  time  the  sounds 

are  clearly  uttered  |  and  accurately  heard ;  or,  even  without  this 

help,  the  true  reading  may  flash  upon  the  mind,  as  I  have,  said, 

by  a  kind  of  inspiration.  (6)  ...  (300) 

It  need  hardly  be  said  that  mis-hearings  are  much  less  likely 
to  occur  when  the  mind  goes  with  the  hand,  and  it  is  intent 
upon  |  following  the  meaning  as  well  as  the  words  of  the  speaker, 
than  they  are  when  the  mind  is  wandering,  and  leaving  the  fin- 
gers to   do  (7)  ...  their  mechanical  work   without  the  friendly       (350) 
guidance  of  the  brain.     I  have  often  written  the  most  atrocious 
nonsense  in  this  way,  and  I  doubt  not  |  the  experience  is  com- 
mon enough.     The  mistakes  will  generally  reveal  themselves  in 
the  work  of  transcription ;  but  there  is  a  danger,  if  they  are  not 
(8)  ...  very  obvious,  of  their  going  uncorrected.     The  moral  of      (400) 
which  is  that  the  reporter  should  attend  to  sense  and  sound  alike. 
It  is  not  always  |  an  easy  task.     In  following  a  long  and  prosy 
speech,  it  requires  a  considerable  effort  to  keep  the  mind  from 
wandering  to  other  topics;  while  (9)  ...  in  taking  notes  of  a  very       (450) 
technical  or  metaphysical  address,  it  is  often  not  only  difficult, 
but  impossible,  to  follow  with  exactness  the  speaker's  train  |  of 
thought      But  the  effort  should  be  made  if  extreme  verbal  ac- 
curacy is  needed.     It  is  not  surprising  that  a  reporter's  writing 
mechanically  should  convert  (10)  ...  the  sentence,  "Pew-rates       (500) 
are  the  greatest  enemies  of  the  church,"  into  "Curates  are  the 
greatest  enemies  of  the  church."     But  it  is  hardly  conceivable  [ 
that  the  mistake  should  have  been  made  if  the  mind  and  the 
hand  travele  1  together.     The  error,  however,  was  not  only  made 
In  note  taking,  (11)  ...  but,  I  believe,  also  in  transcribing.  (556)         (550) 


THE  WAY  TO  SUCCEED  IN  BUSINESS. 

AVERAGE  ability,  perseverance,  honesty,  candor,  and  other       50 

characteristics  of  manliness  are  the  mainsprings  to  success,     ^ords 
A   boy  who   has   learned   the  alphabet  has   the  whole  |  world        )erf 
open   before   him.     He   has   the    key    to    all    knowledge,   and 
with  experience  will  acquire  wisdom  to  guide  him   in  mature 


8 

(.">0)  years  in  all  (1)  ...  his  undertakings.  Perseverance  will  lead  him 
to  climb  the  ladder  of  learning  after  having  mastered  the 
twenty-six  letters  of  the  alphabet.  Honesty  and  candor  |  and 
other  manly  attributes  will  win  for  him  the  respect  and  confi- 

(iOO)  dence  of  all  with  whom  he  may  come  in  contact.  (2)  ...  The 
influence  acquired  through  gaining  the  respect  and  confidence 
of  others  will  give  him  strength  and  power  in  what  is  right  and 
good.  Without  influence  |  thus  acquired  over  others,  and  used 
and  exerted  in  the  right,  learning,  experience,  wisdom,  wealth, 
and  social  position  are  of  small  value.  The  plodding,  painstaking, 

(150)  (3)  ...  persevering,  honest  man  of  common  sense  will  accomplish 
more  in  this  world,  and  is  of  more  use  in  it,  than  the  erratic 
genius. 

Speaking  specifically  |  of  success  in  business  as  separate  and 
distinct  from  all  other  successes,  the  causes  are  economy,  thrift, 
close  attention  to  details,  thorough  and  comprehensive  under- 

(200)  standing  (4)  ...  and  knowledge  of  the  business  engaged  in,  dis- 
crimination in  selecting  business  associates,  and  the  acquiring 
and  holding  of  the  confidence  of  the  business  community. 

Failure  |  in  business,  like  failure  in  every  thing  else,  springs 
from  shiftlessness,  inattention,  luxurious  habits,  and  a  desire  to 

(250)  make  money  too  rapidly,  and  the  taking  (5)  ...  of  chances  in  con- 
sequence thereof;  mistakes  in  the  selection  of  business  associates 
and  the  failure  to  acquire  the  confidence  of  those  upon  whom 
the  business  |  is  dependent  for  support.  The  love  of  money- 
making  leads  many  to  assume  large  risks  in  order  that  they  may 

(•iOO)  acquire  large  gains.  The  risk  (6)  ...  of  losing  in  such  cases  is 
usually  greater  than  the  chance  of  making  money.  Whenever 
the  old,  well-established  principles  of  conducting  business  are 
departed  |  from,  failure  is  more  imminent  than  success.  An 
habitual  violation  of  the  old-time  maxims:  "A  penny  saved  is  a 

(350)  penny  earned;"  "  Buy  when  others  (7) ...  must  sell,  and  sell  when 
others  must  buy ;"  "  Purchase  only  that  for  what  you  can  pay ;" 
and  others  s;milar  in  tone,  leads  to  disaster.  • 

A  man  might  talk  a  week  on  the  subject,  and  then  not  ex 

(388)       haust  it. 


ELOQUENT  TRIBUTE  TO  THE  U.  S.  COURT. 


JOHN  B.  HENDERSON,  of  St.  Louis,  concluded  v 

words 
a  legal  argument  before  the  Supreme  Court  of  the  United       per 

States  with  a  tribute  which  has  occasioned  |  not  a  little  favorable   minute. 
comment.     It  was  a-tribute  particularly  appropriate  to  the  time, 
and  is  deserving  of  wider  circulation  than  the  utterances  in  the 
court  (1)  ...  room  gave  it.     General  Henderson's  words  were  as         '     ) 
follows  : 

May  it  please  your  Honor  :  These  evidences  of  debt  consti- 
tuted a  contract  in  the  State  where  |  they  were  made.  The 
local  law  recognized  them  as  binding  between  the  parties.  The 
instruments  came  here  with  the  indorsement  of  local  judicial 
sanction.  We  (2)  ...  have  before  us  the  standard  by  which  the  (*™/ 
parties  themselves  measured  the  obligations  of  their  contract. 
This  court  will  not  now  change  that  standard.  It  1  is  the 
especial  glory  of  this  tribunal  that  local  influences  can  not  here 
turn  aside  the  currents  of  justice.  In  this  world,  nothing  is 
immortal  but  (3)  ...  truth.  The  monuments  we  build  of  brass  C**®) 
and  stone  finally  molder  and  decay.  The  eternal  principles  of 
justice  take  new  strength  and  luster  from  the  ]  lapse  of  time. 
The  stone  tablets  on  which  the  decalogue  was  inscribed  no 
longer  exist,  but  the  Ten  Commandments  still  remain  in  perfect 
moral  grandeur,  (4)  ...  teaching  man  his  social  duties.  The  (*W) 
Roman  forum  is  wellnigh  gone,  but  Roman  law  survives  in  all 
its  beauty  and  in  all  its  beneficence,  and  |  so  will  live,  I  hope 
and  believe,  the  decisions  of  this  court.  For  nearly  a  quarter  of 
a  century,  in  a  modest  way,  I  have  (5)  ...  argued  causes  before  (2oO) 
you,  and  in  that  short  period  I  have  witnessed  many  changes  in 
the  personnel  of  this  court;  but  no  change  have  I  |  seen  in  the 
wisdom  and  learning  of  its  decisions,  or  in  that  unerring  cer- 
tainty with  which  they  point  to  the  administration  and  establish- 
ment of  justice.  (6)  ...  It  is  because  of  this  that  they  have  received  (.^UU) 
the  stamp  of  judicial  authority  in  all  the  nations  of  Christendom, 
and  it  is  because  of  |  this  that  they  will  live  when  this  magnifi- 
cent structure,  in  which  they  have  been  delivered,  shall  have 
sunk  into  undistinguishable  dust.  ...  ^  ' 


10 

SEVERE  CHARGE  OF  A  JUDGE. 

50 

i      «  TT  is  charged  in  the  indictment  upon  which  you  were  con- 

per  victed,"  said  the  court  to  the  prisoner,  '•  that  on  the  30th 

minute,  of  November,  1887,  |  aided  by  a  gifted  accomplice,  who  recently 
pleaded  guilty,  you  obtained  by  false  and  fraudulent  pretenses 
money  and  property  of  the  value  of  $9,500(1)  ...  from  F.  M. 
Parker.  In  order  to  secure  this  extensive  plunder,  you  made 
Parker  believe  that  you  were  the  owner  of  certain  real  estate 
in  |  this  city,  to  which  you  knew  you  had  no  more  title  than  you 
have  to  the  United  States  mint,  and  for  this  he  paid  you  (2)  ... 
$3,000  cash,  and  conveyed  his  own  farm  in  Oregon,  worth  $6,500. 
This  was  all  that  Parker  had  in  the  world  for  himself  and  |  family, 
but  you  fleeced  him  out  of  it  and  left  him  destitute.  Indeed,  so 
far  as  it  is  known,  you  seem  to  have  taken  fiendish  (3)  ...  delight 
in  their  distress,  and  up  to  this  moment  have  not  offered  to  make 
restitution  of  a  dollar.  Upon  the  proceeds  of  this  infamous 
swindle  ]  you  have  attempted  to  escape  responsibility  for  your 
crime,  but  a  jury  of  your  own  selection,  looking  fairly  into  the 
case,  found  you  guilty.  The  (4)  ...  verdict  is  among  the  most 
notable  triumphs  of  justice  in  our  state,  for  it  put  an  end  for  a 
long  time  to  the  career  of  |  the  dishonest  gang  of  which  you 
were  the  successful  leader.  In  this  case,  however,  as  I  said  in 
'  )  passing  sentence  upon  one  of  your  confederates,  (5)  ...  I  repeat 
here,  that  the  statutes  now  in  force  provide  no  adequate  or  suit- 
able punishment  for  your  transgressions  of  the  law. 

"  The  heaviest  penalty  which  |  the  court  may  impose  can  not 
be  deemed  severe,  since  the  offense  of  stripping  a  whole  family 

(300)  of  their  fortune  by  false  pretenses  is  but  a  (6) ...  misdemeanor  in 
California.  But  to  offset  this  manifest  mistake  of  the  legislature, 
it  appears  that  you  have  yourself  opened  the  way  to  a  neighboring 
state  |  prison.  Immediately  upon  receiving  the  deed  of  Parker 
and  wife  to  their  homestead  in  Oregon,  you  hastened  to  that  state 

(350)  and  sold  the  farm  for  (7) ...  half  its  value.  In  making  the  deed  to 
the  new  purchaser,  you  went  before  a  proper  officer,  and  in  the 
acknowledgment  denied  that  you  had  [  a  wife  in  California,  well 
knowing  that  in  the  former  state  it  would  require  her  convey- 

(397)       ance  also  to  make  a  valid  grant.     .     .     ." 


11 


THE  DEATH  PENALTY. 

"\X7E  hang  a  murderer  because  we  are  in  the  habit  of  doing  so.        50 
Again,   we  condemn   him  to  death  for  that  we  do   not     words 

know  I  what  else  to  do  with  him.     Again,  we  sustain  the  xdeath       Pe> 

minute. 
penalty  from  a  feeling  of  vengeance. 

These   .are  motives,  not  reasons.     When  we   appeal  (1)  ...  to         (50) 
reason,  there  is  a  failure  in  sustaining  the  practice.     Regarding 
all  human  endeavor  as  fallible,  it  is  not  wise  to  do  that  which 
cannot  |  be  undone.      True,  when  we  subject  a  criminal  to  a 
loss  of  freedom  we  take  a  part  of  his  life  which  can  not  be  re- 
stored; but  (2)  ...  if  this  has  been  done  unjustly  we  can  in  a       (100) 
measure  recompense  the  loss.     This  is  not  the  case  when  the 
unfortunate  is  deprived  of  |  life.     The  law  really  does  what  the 
law  condemns.     It  is  claimed  that  to  act  otherwise  is  to  traverse 
the  moral  sense  of  the  community  (3)  ...  This  comes  not  from  a       (150) 
sense  of  justice,  but  of  vengeance.     When  a  murder  is  commit- 
ted, the  act  arouses  a  feeling  of  horror  and  wrath.  |    If  time 
were  given,  and  a  delay  made  between  the  condemnation  and 
the  death  by  the  executioner,  this  feeling  would  not  only  sub- 
side, but  swing  (4)  ...  over  to  the  other  extreme.     As  it  is,  the       (200) 
custodians  of  the  condemned  find  it  difficult  to  keep  out  sickly 
sentimentalists,  with  their  gifts  of  |  flowers  and  tenders  of  sym- 
pathy. 

This  moral  sense  that  sustains  the  death  penalty  originates  in 
great  measure  from  the  clergy.     It  is  strange,  but  there  (5)  ...  is       (250) 
no  class,  and  never  has  been  any  class,  so  vindictive  and  cruel  as 
the  followers  of  the  forgiving  Savior.     We  have  of  record  not  ] 
only  the  religious  wars,  the  most  horrible  of  all  human  conflicts, 
lit  up  along  the  past  by  fires  that  consumed  the  helpless,  but  the 
story  (6)  ...  of  the  Inquisition.     Our  pious  friends  of  the  pulpit       (300) 
abandon   the  Gospel  and   fall  back   upon  the  theology  of  the 
Jews.     To  be -consistent  they  |  should  preach  the  full  Mosaic 
doctrine  of  an  eye  for  an  eye,  and  a  tooth  for  a  tooth.     Probably 
they  would,  but  that  Christian  civilization  (7)  ...  has  given  us  a       (350) 
higher  sense  of  justice  and  a  keener  appreciation  of  our  Father 
in  heaven  as  taught  us  by  the  Savior. 

Slowly, but  |  steadily,  we  have  been  influenced  by  our  common 
sense  and  better  feeling  to  a  departure  from  the  old  barbaric 


12 

'400)  treatment  of  the  condemned.  Time  was,  (8)  ...  and  the  practice 
yc-t  remains  in  some  of  our  newer  localities,  when  it  was  thought 
necessary,  to  give  full  effect  to  a  hanging,  that  it  j  should  be 
public.  The  judge,  in  condemning  the  man  to  death,  solemnly 
fixed  the  day  and  hour,  and  the  public  was  invited  to  witness 

(4~<0)  the  (9)  ...  brutal  spectacle.  The  public  was  not  slow  to  respond. 
We  learned,  after  a  time,  that  instead  of  an  awful  v:arning  it  was 
regarded  very  much  |  as  a  crowd  looks  on  a  bull  fight,  when  a 
wretched  animal  is  slowly  tortured  to  death.  The  enjoyment 

(.">00)  of  the  show  stimulated  to  some  (10)  ...  extent  by  the  danger  at- 
tending the  spectacle  to  the  cruel  performers.  The  crowd  about 
the  gallows  jeered,  laughed,  sang,  and  generally  got  drunk.  The 
criminal,  |  if  he  went  to  his  death  with  any  composure,  was  re. 
garded  as  a  hero.  Murders  have  been  committed  in  the  very 

(550)       presence  of  the  awful  (11)  ...  example. 

The  clergy  helped  on  this  sort  of  perversion  of  a  warning  by 
accompanying  the  wretch  to  the  scaffold  with  hymns  and  pray- 
ers, and  assurances  |  of  divine  forgiveness.  The  absurdity  of 
this  seemed  to  strike  no  one.  The  victim  of  the  awful  crime 

(600)  had  been  cut  off  in  his  or  (12)  ...  her  sins,  with  every  prospect 
of  eternal  punishment,  while  the  criminal  was  swung  into 
heaven.  This  seems  shocking,  but  is  it  not  fact?  To  be  |  logi- 
cal and  consistent,  we  must  regard  the  murderer  fully  forgiven, 
looking  from  heaven  down  upon  his  victim  suffering  eternal  tor- 

(650)       ture  for  having  passed  to  judgment  (13)  ...  without  repentance. 

We  have  laughed  at  the  Frenchman  condemned  to  death  for 

the  murder  of  his  parents,  who,  when  asked  by  the  judge  if  he  | 

had  any  thing  to  say  before  sentence,  responded  that  he  hoped 

the  court  would  have  mercy  on   a  poor  orphan.     We   do   not 

(700)  laugh,  however,  at  (14)  ...  the  good  parson  who  hurries  forward 
to  assist  the  assassin  to  a  reward  denied  his  victim. 

The  good  people  of  New  York  have  advanced  yet  |  another 
step.  Choking  a  man  to  death  with  a  rope  has  been  justly  re- 
carded  as  a  clumsy,  barbarous  practice,  and  the  late  legislature 

(750)  s-ubstituted  death  (15)  ...  by  electricity.  This  enactment  robs 
the  penalty  of  much  that  is  objectionable,  and  adds  greatly  to 
its  terror.  The  mode  prescribed  by  the  law,  which  |  gives  to  the 
judge  the  power  to  sentence,  but  leaves  to  the  sheriff  the  pre- 
cise moment  when  the  execution  shall  take  place,  throws  a 


13 

dreadful  (16)  ...  mystery  about  the  killing  that  will  strike  the       (800) 
common  criminal  with  horror. 

This  law  is  to  be  approved,  not  on  the  ordinary  ground  used 
by  |  supersensitive  people,  that  it  lessens  the  punishment,  but 
that  in  fact  it  adds  to  it.  We  are  not  disturbed,  however,  by 
the  pains  and  penalties  (17)  ...  attending  the  death  penalty.  (850) 
When  a  criminal  is  to  be  disposed  of  for  having  murdered  us, 
wo  will  be  quite  indifferent  as  to  the  measure  |  of  his  suffering, 
very  much  as  he  was  to  ours  when  killing  us.  In  this  we  sym- 
pathize with  the  member  of  the  French  Corps  (18)  ...  Legislatif,  (900) 
who,  when  the  abolition  of  the  death  penalty  was  being  dis- 
cussed, said:  "Messieurs,  I  am  in  favor  of  this  measure,  but  I 
want  the  |  assassins  to  begin."  (928) 


A  BRIEF  JUDICIAL  DECISION. 

50 

TN  a  case  recently  reviewed  and  decided  in  the  Supreme  Court     worda 

of  Wisconsin,  the  court  said:  per 

"The  parties  own  adjoining  farms,  and  had  a  personal  |  diffi-   minute, 
culty  concerning  the  sufficiency  of  the  line  fence  between  their 
respective  farms.     On  a  certain  Sunday  in  August,  1882,  they 
met,  quarreled  about  the  (1)  ...fence,  and   fought.     Although         (50) 
they  are  both  old  men,  it  is  but  just  to  say  they  fought  with 
great  spirit  and  brutality.     The  defendant  is  |  the  larger  and 
probably  the  stronger  man,  and  had  the  best  of  the  fight.     He 
gouged  both  eyes  of  the  plaintiff,  and  it  is  claimed  (2)  ...  that       (100) 
the  sight  of  one  of  them  is  permanently  impaired.     This  action 
is  to  recover  damages  for  such  injuries.     .     .     .     The  jury  were 
also  instructed  as  |  follows:  'If  two,  in  anger,  fight  together, 
each  is  liable  to  the  other  for  the  actual  injury  inflicted.     If  you 
find  that  the  plaintiff  and  (3)  ...  defendant  by  common  consent,      (150) 
in  anger,  fought  together,  and   that   plaintiff  was  actually  in 
jured  in  said  fight  by  the  defendant,  the  plaintiff  is  entitled 
to  j  recover  from  the  defendant  the  actual  damages  resulting 
from  said  injury,  but  not  exemplary  damages.'     This  instruction 
is  fully  sustained  by  the  authorities  cited  by  (4)....  counsel  for       (200) 
the  plaintiff.     These  authorities  go  upon  the  principle  that,  the 
fighting  being  unlawful,  the  consent  of  the  plaintiff  to  fight  is  no 
bar  |  to  his  action,  and  he  is  entitled  to  recover.     We  believe 
the  rule  is  one  of  sound  public  policy,  and  we  do  not  hesitate 
to  (5)  ....  incorporate  it  into  the  jurisprudence  of  this  state."  (258) 


14 


SENATOR  SHERMAN  IN  FANUEIL  HALL. 

7)        MR'  CHAIR^A^T:— rt  was  with  great  hesitation  that  I  ao 

cepted  the  invitation  to  speak  here  in  this  famous   hall, 

minute     *^3  crat^e  °f  liberty,  whose  foundations  |  were  laid  before  the 

birth  of  American  independence,  and  whose  completed  walla 

echoed  the  eloquence  of  generations   of  men   long  before  the 

state  in  which  ||  I  live  had  a  name  or  a  place  on  the  map  of  the 

world.     I  wish,  in  response  to  the  invitation  which  has  been 

(75)  given  (1)  ...  to  me,  to  recall  to  the  attention  and  to  the  memory 
of  the  people  of  Massachusetts  the  origin  of  the  great  questions 
that  divide  the  |  political  parties  of  this  country,  and  to  give 
you  from  the  memories  of  the  past,  and  from  the  recollections 
of  two  generations  of  great  men  |j  in  Massachusetts,  the  honest 
reasons  why  we  people  of  Ohio  come  back  to  you  and  ask  you 

(150)       to  stand  by  the  doctrines  of  your  fathers.  (2) 

I  am  among  those  who  were  taught  in  the  school  of  politics 
and  philosophy  to  believe  that  this  country  of  ours  was  a  great 
nation,  |  a  national  government,  and  not  a  confederate  govern- 
ment. I  have  been  taught  to  believe  that  I  am  a  citizen  of  the 
United  States,  and  not  ||  a  citizen  of  Ohio.  I  believe  that  we 
are  bound  to  each  other  by  ties  of  allegiance  and  duty,  so  that 

(225)  I,  though  living  remote  (3)  ...  from  you,  am  akin  to  you  and 
bound  by  these  ties  of  allegiance  and  duty  to  obey  the  laws  of 
our  country.  I  believe  that  |  the  Constitution  of  the  United 
States  was  framed  by  the  people  of  the  United  States,  and  not 
by  the  states ;  that  the  states  were  merely  used  ||  as  a  medium 
of  gathering  the  will  of  the  people,  and  that  this  government 

(300)  of  ours  is  a  government  of  the  people,  for  the  people,  (4)  ...  and 
by  the  people. 

We  recognize  the  high  importance  of  the  states  of  the  Union  ; 
we  give  to  those  states  our  love  as  we  would  |  to  a  mother;  but  it 
is  to  the  National  Government  we  owe  our  paramount  allegiance, 
and  it  is  the  Constitution  of  the  United  States  that  ||  is  the  su- 
preme law  of  the  United  States,  which  every  man  claiming  to 
be  an  American  citizen  must  obey,  whether  he  lives  in  a  state, 

(375)  (5)  ...  new  or  old,  or  in  a  territory  of  the  United  States,  or  is  on 
the  high  seas  under  the  flag  of  the  United  States.  My  |  coun- 
trymen, this  country  is  ours,  yours  and  mine,  and  we  are  com- 


15 

mon  inheritants  of  the  greatest  gifts  that  were  ever  given  to  the 
people  in  ||  the  wide  world.  Liberty  and  union,  one  and  insepa- 
rable, now  and  forever,  is  the  motto  of  the  people  of  Ohio.  (445) 


AMERICAN  LABOR  PLATFORM. 

"T^HE  platform  annexed  covers  the  general  demands  of  all  the        75 
labor  organizations  in  this  country: 

1.  To  bring  within  the  fold  of  organization  every  department  |     mfnu(e 
of   productive    industry,  making   knowledge   a  standpoint    for 
action,  and  industrial,  moral  worth,  not  wealth,  the  true  standard 

of  individual  and  national  greatness. 

2.  To  ||  secure  to  the  toilers  a  proper  share  of  the  wealth  that 
they  create;  more  of  the  leisure  that  rightfully  belongs  to  them ; 

more  society  advantages;  (1)  ...  more  of  the  benefits,  privileges,         (75) 
and  emoluments  of  the  world;  in  a  word,  all   those  rights  and 
privileges  necessary  to  make  them  capable  of  enjoying,  |  appre- 
ciating, defending,  and  perpetuating  the  blessings  of  good  gov- 
ernment. 

,3.  To  arrive  at  the  true  condition  of  the  productive  masses  in 
their  eductional,  moral,  and  ||  financial  condition,  by  demanding 
from  the  various  governments  the  establishment  of  bureaus  of 
labor  statistics. 

4.  The  establishment  of  co-operative  institutions,  productive 

and  distributive.  (2)  (150) 

5.  The    reserving   of  the  public   lands,  the   heritage   of  the 
people,  for  the  actual  settler.     Not  another  acre  for  railroads  or 
corporations. 

6  The  abrogation  |  of  all  laws  that  do  not  bear  equally  upon 
capital  and  labor;  the  removal  of  unjust  technicalities  of  justice; 
and  the  adoption  of  measures  providing  ||  for  the  health  and 
safety  of  those  engaged  in  mining,  manufacturing,  and  building 
pursuits. 

7.  The  enactment  of  laws  to  compel  chartered  corporations  to 

pay  (3)  ...  their  employes  weekly,  in  full,  for  labor  performed       (225) 
the  preceding  week,  in  the  lawful  money  of  the  country. 

8.  The  enactment  of  laws  giving  mechanics  |  and  laborers  the 
first  lien  on  their  work  for  their  full  wages. 


16 

9.  The  abolition  of  the  contract  system  on  national,  state,  and 
municipal  work.  || 

10.  The  substitution  of  arbitration  for  strikes,  whenever  and 
wherever  employers  and  employes  are  willing  to  meet  on  equita- 
ble grounds. 

(300)  11.  The  prohibition  of  the  (4)  ...  employment,  in  workshops, 

mines,  and  factories,  of  children  that  havfe  not  attained  their 
fourteenth  year. 

12.  To  abolish  the  system  of  letting  out  by  contract  |  the  labor 
of  convicts  in  our  prisons  and  reformatory  institutions. 

13.  To  secure  for  both  sexes  equal  pay  for  equal  work. 

14.  The  reduction  of  ||  the  hours  of  labor  to  eight  per  day,  so 
that  the  laborers  may  have  more  time  for  society  enjoyment  and 

(375)  intellectual  improvement,  and  be  enabled  (5)  ...  to  reap  the  ad- 
vantages conferred  by  the  labor-saving  machinery  which  their 
brains  have  created. 

15.  To  prevail  on  governments  to  establish  a  purely  national  | 
circulating  medium,  issued  directly  to  the  people,  without  the 
intervention    of    any    system    of    banking    corporation,    which 
money  shall  be  a  legal  tender  in  payment  ||  of  all  debts,  public 

(431,1       or  private. 

CINCINNATI  EXPOSITION  SPEECH. 

75         A  T  the  opening  of  the  Cincinnati  Exposition,  August  3,  1884, 
iwrds  Senator  Pendleton  delivered  the  following  address  : 

Ladies  and  Gentlemen  : — The  President  and  Commissioners  in  | 
charge  of  this  Exposition  bid  me  extend  a  right  hearty  greeting 
to  you  who  have  honored  them  with  your  presence  this  evening. 
Your  quick  appreciation  ||  of  a  service  well  done  is  the  double 
reward  of  a  faithful  public  servant. 

(75)  The  doors  of  these  halls  are  at  last  wide  opened,  and  (1)  ...  a 

cordial  welcome  awaits  all — denizens  of  our  city  as  well  as  so- 
journers  within  our  gates — who  will  enter.  They  bid  you  come 
and  welcome!  |  assuring  you  only  and  modestly  that  they  have 
done  whatever  lay  within  their  power  to  execute  with  fidelity 
the  trust  with  which  they  were  charged  ||  by  the  great  public 
bodies  which  represent  our  city  and  their  fellow-citizens. 

(150)  I  know  full  well  that  a  very  brief  visit  to  these  treasures  (2)  ... 

of  skilled  labor  in  the  immense  field  of  human  endeavor  will 


17 

convince  you  they  have  done  all  that  time  and  means  would  al- 
low to  satisfy  |  intelligent  curiosity,  to  gratify  cultivated  taste,  to 
develop  aspiring  competition,  to  increase  a  just  appreciation  of 
the  useful  and  the  beautiful  among  the  workers  of  ||  this  busy 
modern  world. 

I  hazaid  nothing  in  saying-  that  when  October's  Saturday  shall 
have   closed    these  doors,  four  hundred    thousand  visitors  will 
have  (3)  ...  reaped  personal  advantage  and   pleasure,  and  will       (225) 
with  one  accord  say  to  these  honorable  gentlemen — to  you,  Mr. 
President;    to  you,  gentlemen  Commissioners — "Go,    with  |  all    • 
honor  and  deserved  thanks  to  join  your  predecessors;  and  re- 
joice that  as  you  have  builded  higher  than  they,  so  you  have 
laid  foundations  deep,  ||  and  broad,  and  strong,  on  which  your 
successors — the  chosen  of  Cincinnati  in  the  future — will  build 
even  higher  than  you." 

Cincinnati  has  a  right  (4)  ...  to  be  proud  of  these  Expositions.  (300) 
They  are  not  international;  they  are  not  national;  they  are  not 
state;  they  are  not  county  expositions.  They  are  |  for  the  city, 
of  the  city,  supported  by  the  voluntary  contributions  of  the  citi- 
zens, and  not  a  dollar  of  money  levied  by  taxation  has  gone  ||  to 
their  support.  No  city  in  England  ever  had  annual  expositions. 
Many  attempts  and  many  failures  were  made.  After  the  great 
international  displays  of  1851  (5)  ...  and  1802,  the  commission-  (375) 
ers,  with  more  than  a  million  and  a  half  dollars  in  hand,  decided 
to  have  yearly  exhibitions  in  London,  but  |  after  four  years  they 
were  abandoned,  because  "they  failed  to  draw  either  exhibitors 
or  sightseers." 

Paris,  the  loved  and  beautiful  city  of  all  France,  in  ||  fifty 
years,  from  1798  to  1849,  backed  by  the  Consulate,  the  Empire, 
the  Restoration,  the  Bourbons,  the  trading  Orleanists,  the  Presi- 
dency, had  but  (<))  ...  ten  expositions.  In  the  first  and  smallest  (450) 
there  were  only  one  hundred  and  ten  exhibitors,  and  in  the  last 
and  largest  only  four  thousand — scarcely  |  more  than  twice  as 
many  as  claim  room  here  to-night. 

Vienna  had  three  between  1835  and  1845,  and  in  the  last  the 
exhibitors  ||  reached  eighteen  hundred  and  sixty-five. 

Berlin  had  only  three  between  the  years    1822  and    1844,  and 
in    the    greatest    three    thousand    exhibitors  (7)  ...  asked    for       (525) 
space.     .     .     . 

In  human  progress  there  can  be  no  pause,  no  rest.     The  mo- 


18 

tion  is  forward  always,  or  backward.     The  goal  of  to-day  must  | 
be  the  starting-point  of  to-morrow. 

It  is  so  with  cities.  Public  spirit  must  be  active,  aggressive, 
effective,  or  it  will  dwarf  and  die,  and  ||  the  city  will  perish. 
Cincinnati  must  go  forward,  or  she  will  retrogade.  She  has 
shown  a  gigantic  power.  She  has  fostered  commerce  by  her 

(600)  Southern  (8)  ...  Kailroad.  She  has  educated  her  children  by  her 
excellent  school  system.  She  has  cultivated  art  and  design  by 
schools  of  design,  and  museums  and  musical  |  colleges.  She  has 
acquired  fame  by  her  Expositions.  She  must  use  this  same 
power,  moral  and  physical,  to  purify  the  atmosphere  which  her 
people  breathe,  ||  to  smooth  and  cleanse  the  streets  in  which  they 
walk,  to  elevate  the  tone  of  her  municipal  administration,  and 

(675)  to  strengthen  the  hands  of  the  worthy  (9)  ...  men  to  whom  she 
confides  the  delicate  and  sacred  trust;  she  must  do  in  all  things 
as  she  has  done  in  these  Expositions;  she  must  |  strive  for  per- 
fection, and  every  year  must  come  nearer  attaining  it. 

If  she  does  so,  she  will  clothe  herself  again  with  royal  robes, 
and  sit  ||  enthroned  with  undisputed  sway,  Queen  of  the  West. 
If  she  does  not,  a  tinsel  crown  will  mock  her  false  pretenses  and 

(750)  grow  dim  and  faded  scarce  (10)  ...  faster  than  her  present  glories 
will  pass  away.  To  us,  fellow-citizens,  comes  the  question,  as  in 
us  lies  the  power  to  answer.  (773) 


NECESSITY  OF  A  PURE  NATIONAL  MORALITY. 

75        'T'HE  crisis   has  come.     By  the  people  of  this  generation,  by 
words  ourselves,  probably,  the  amazing  question  is  to  be  decided, 

Per  whether  the  inheritance  of  our  |  fathers  shall  be  preserved  or 
e'  thrown  away;  whether  our  Sabbaths  shall  be  a  delight  or  a 
loathing;  whether  the  taverns,  on  that  holy  day,  shall  |j  be 
crowded  with  drunkard?,  or  the  sanctuary  of  God  with  humble 
worshipers;  whether  riot  and  profaneness  shall  fill  our  streets, 
(75)  and  poverty  our  dwellings,  and  (1)  ...  convicts  our  jails,  and  vio- 
lence our  land,  or  whether  industry,  and  temperance,  and  right- 
eousness, shall  be  the  stability  of  our  times;  whether  mild  laws 
shall  |  receive  the  cheerful  submission  of  freemen,  or  the  iron 
rod  of  a  tyrant  compel  the  trembling  homage  of  slaves.  Be  not 
deceived.  Human  nature  in  II  this  state  is  like  human  nature 


19 

every-where.  All  actual  difference  in  our  favor  is  adventitious, 
and  the  result  of  our  laws,  institutions,  and  habits.  It  (2)  ...  is  (J50) 
a  moral  influence,  which,  with  the  blessing  of  God,  has  formed  a 
state  of  society  so  eminently  desirable.  The  same  influence 
which  formed  it  |  is  indispensable  to  its  preservation.  The  rocks 
and  hills  of  New  England  will  remain  till  the  last  conflagration. 
But  let  the  Sabbath  be  profaned  with  ||  impunity,  the  worship  of 
God  be  abandoned,  the  government  and  religious  instruction  of 
-children  neglected,  and  the  streams  of  intemperance  be  per 
mitted  to  flow,  and  (3)  ...  her  glory  will  depart.  The  wall  of  fire  (225) 
will  no  longer  surround  her,  and  the  munition  of  rocks  will  no 
longer  be  her  defense. 

If  |  we  neglect  our  duty,  and  suffer  our  laws  and  institutions 
to  go  down,  we  give  them  up  forever.  It  is  easy  to  relax,  easy  || 
to  retreat;  but  impossible,,  when  the  abomination  of  desolation 
has  once  passed  over  New  England,  to  rear  again  the  thrown- 
down  altars,  and  gather  again  the  (4)  ...  fragments,  and  build  up  (300) 
the  ruins  of  demolished  institutions.  Another  New  England 
nor  we  nor  our  children  shall  ever  see,  if  this  be  destroyed. 
All  |  is  lost  irretrievably  when  the  landmarks  are  once  removed, 
and  the  bands  which  now  hold  us  are  once  broken.  Such  insti- 
tutions and  such  a  state  ||  of  society  can  be  established  only  by 
such  men  as  our  fathers  were,  and  in  such  circumstances  as  they 
were  in.  They  could  not  have  (5)  ...  made  a  New  England  in  (375) 
Holland;  they  made  the  attempt,  but  failed. 

The  hand  that  overturns  our  laws  and  temples  is  the  hand  of 
death  |  unbarring  the  gate  of  pandemonium,  and  letting  loose 
upon  our  land  the  crimes  and  miseries  of  hell.  If  the  Most 
High  should  stand  aloof,  and  ||  cast  not  a  single  ingredient  into 
our  cup  of  trembling,  it  would  seem  to  be  full  of  superlative  woe. 
But  he  will  not  stand  aloof.  (6)  ...  As  we  shall  have  begun  an  open  (450) 
controversy  with  him,  he  will  contend  openly  with  us.  And 
never,  since  the  earth  stood,  has  it  been  |  so  fearful  a  thing  for 
nations  to  fall  into  the  hands  of  the  living  God.  The  day  of 
vengeance  is  at  hand,  the  day  of  ||  judgment  has  come ;  the  great 
earthquake  which  sinks  Babylon  is  shaking  the  nations,  and  the 
waves  of  the  mighty  commotion  are  dashing  upoft  every  shore. 
(7)  ...  Is  this,  then,  a  time  to  remove  the  foundations,  when  the  (525) 
earth  itself  is  shaken  ?  Is  this  a  time  to  forfeit  the  protection 
of  God,  |  when  the  hearts  of  men  are  failing  them  for  fear,  and 


20 

for  looking  after  those  things  which  are  to  come  upon  the  earth  ? 
Is  this  ||  a  time  to  run  upon  his  neck  and  the  thick  bosses  of  hi.s 
buckler,  when  the  nations  are  drinking  blood,  and  fainting,  and 
(600)  passing  away  (8)  ...  in  his  wrath  ?  Is  this  a  time  to  throw  away 
the  shield  of  faith,  when  his  arrows  are  drunk  with  the  blood  of 
the  slain  ?  to  cut  from  the  anchor  of  hope,  when  the  clouds  art- 
collecting,  and  the  sea  and  the  waves  are  |  roaring,  and  thunders 
are  uttering  their  voices,  and  lightnings  blazing  in  the  heavens 
and  the  great  hail  is  falling  from  heaven  upon  men,  and  every  || 
mountain,  sea  and  island,  is  fleeing  in  dismay  from  the  face  of 
fif'o  an  incensed  God  ? — Beecher. 


INGERSOL'S  EULOGY   OX   CONKLING. 

75  «  D  OSCOE  CONKLIXG,  a  great  man,  orator,  statesman,  law- 
yer, distinguished  citizen  of  the  republic,  in  the  zenith 
fTf!  "^  kis  fame  and  power,  has  reached  his  journey's  |  end,  and  we 
are  met  here  in  the  city  of  his  birth  to  pay  tribute  to  his  worth 
Mud  work.  He  earned  and  held  a  ||  proud  position  in  public 
thought.  He  stood  for  independence,  for  courage,  and,  above 
all,  for  absolute  integrity;  and  his  name  was  known  and  hon- 

(75)  on-d  by(l)  ...  many  millions  of  his  fellow-men.  In  the  pres- 
ence of  death,  a  good  man  judges  as  he  would  be  judged.  He 
knows  that  men  are  only  |  fragments;  that  the  greatest  walk  in 
the  shadow,  and  that  faults  and  failures  mingle  with  the  lives  of 
all.  In  the  grave  should  be  buried  ||  prejudices  and  passions 
born  of  conflict.  Charity  should  hold  the  scales  in  which  are 
weighed  the  deeds  of  men,  their  peculiar  traits,  born  of  locality 

(150)  (-)  ...  and  surroundings.  These  are  but  the  dust  of  the  race. 
These  are  accidents,  the  drapery,  the  clothes,  fashions  that  have 
nothing  to  do  with  the  |  man,  except  to  hide  his  character. 
They  are  the  clouds  that  cling  to  the  mountains.  Time  gives  us 
a  clearer  vision.  That  which  was  merely  ||  local  fades  away. 
Words  of  envy  are  forgotten,  and  all  there  is  of  sterling  worth 

(225)  remains.  He  who  was  called  the  partisan  is  called  the  (3)  ... 
patriot.  Fortunate  it  is  that  the  Nation  is  great  enough  to  know 
the  great.  How  poor  this  world  would  be  without  its  graves, 
without  the  |  memories  of  its  mighty  dead.  Only  the  voiceless 
speak  forever. 


21 

"  Intelligence,  integrity,  and  courage  are  the  great  pillars  that 
support  states.     Above  ail,  the  citizens  ||  of  a  free  nation  should 
honor  brave  and  independent  men  of  stainless  integrity,  of  will 
and  intellectual  force.     Such  men  are  atlases,  on  whose  mighty 
(4)  ...  shoulders  rest  the  great  fabric  of  the  Republic.     Flatter-       (300) 
ers,  cringers,  crawlers,  time-servers,  are  dangerous  citizens  of  a  . 
democracy.     They  who  gain  applause  and  power  by  |  pandering 
to  the   mistakes,  prejudices,  and  passions  of  the  multitude  are 
ever  the  enemies  of  liberty.     Most  people  are. slaves  of  habit, 
followers  of  custom,  ||  believers  in   the  wisdom  of  the  pa*t,  and 
were   it   not   for  brave  and  splendid   souls,  the   dust  of  an'ique 
time  would  lie  unswept  and  (5)  ...  mountainous  error  would  be       (3'5) 
too   highly  heaped   for  truth   to  overawe.     Custom   is  a  prison, 
locked  and  barred  by  those  who  long  ago  were  dust,  |  the   keys 
of  which   are  in  the  keeping  of  the  dead.     Nothing  is  grander 
than  when  a  strong,  intrepid  man  breaks  the  chains,  levels  the  || 
walls,  and   breasts  the  many-headed  mob  like  some  great  cliff 
that  rnocks  the  innumerable  billows  of  the  seas.     The  politician 
hastens  to  agree  with  (6)  ...  the  majority,  insists  that  their  pveju-       (4-"0) 
dice  .is   patriotism,   their  ignorance  wisdom;   not  that  he  loves 
them,  but   because  he  loves  himself.     The  statesman,  the  real  | 
reformer,  points  out  the  mistakes  of  the  multitude,  attacks  the 
prejudices  of  his  countrymen,  laughs  at  their  follies,  denounces 
their   cruelties,  enlightens  and  enlarges  their  ||  minds  and  con. 
sciences;    not  because  he  loves  himself,  but  because  he  loves  and 
serves    the  right,  and   wishes  to    make   his   country  great   and 
free.  (7)  ...    lie  who  refuses  to  stoop,  who  cannot  be  bribed  by       (525) 
the  promise  of  success  or  the  fear  of  failure,  who  walks  the  high- 
way of  right,  |  and  in   disaster  stands  erect,  is  only  the  victor 
when   real   history  shall   be  written  by  the    truthful    and  wise. 
Those  who  bore   the   burden  ||  of  defeat  and    kept   their  self- 
respect,  who  would  not  bow  to  man  or  men  for  place  or  power, 
will  wear  upon  their  brows  the  laurel  (8)  ...  mingled  with  the       (600) 
oak.     *     *     * 

"  Roscoe  Conkling  was  an  absolutely  honest  man.  He  uttered 
the  splendid  truth  that  the  higher  obligations  among  men  are 
not  set  down  |  in  writing,  signed  and  sealed,  but  reside  in  honor. 
He  was  the  ideal  representative,  faithful  and  incorruptible.  He 
believed  that  his  constituents  and  his  country  |[  were  entitled  to 
the  fruit  of  his  experience,  to  his  best  and  highest  thoughts. 


22 

Xo  man  ever  held  the  standard  of  responsibility  higher  than 

(675)  he.  (9)  ...  Ho  voted  according  to  his  judgment,  his  conscience. 
He  made  no  bargains;  he  neither  bought  nor  sold.  To  correct 
evils,  abolish  abuses,  and  inaugurate  reforms,  |  he  believed  was 
not  only  the  duty  but  the  privilege  of  the  legislator.  He  neither 
sold  nor  mortgaged  himself.  He  was  in  Congress  during  years  || 
of  vast  expenditure  of  war  and  waste,  when  the  credit  of  the 
Nation  was  loaned  to  individuals,  when  claims  were  thick  as 

(750)  leaves  in  June,  (10)  ...  when  the  amendment  of  a  statute,  the 
change  of  a  single  word,  meant  millions,  and  when  empires  were 
given  to  corporations,  he  stood  at  the  |  summit  of  his  power,  the 
peer  of  the  greatest  of  leaders,  tried  and  trusted.  He  had  the 
tastes  of  a  prince,  the  fortune  of  a  peasant,  and  yet  he  never 
swerved.  ||  Xo  corporation  was  great  enough  to  purchase  him. 
His  vote  could  not  be  bought — for  all  the  sun  sees  or  profound 

(825)  sea  hides.  His  hand  (11)  ...  was  never  touched  by  any  bribe, 
and  on  his  soul  there  was  never  a  sordid  stain.  Poverty  was  hi.-, 
priceless  crown.  Above  his  marvelous  intellectual  |  gifts,  above 
all  place  he  ever  reached,  above  the  ermine  he  refused,  rises  his 
integrity  like  some  great  mountain  peak,  and  there  it  stands, 
firm  ||  as  the  earth  beneath,  pure  as  the  stars  above.  *  *  * 
"He  was  an  orator,  earnest,  logical,  intense,  and  picturesque. 

(900)  He  laid  the  foundation  with  care,  with  (12)...  accuracy  and  skill, 
and  rose  by  "cold  gradation  and  well-balanced  form"  from  the 
corner-stone  of  his  statement  to  the  domed  conclusion.  He 
filled  |  the  stage;  he  gladdened  the  eyes  of  his  audience,  lie  had 
that  indefinable  thing  called  presence.  Tall,  commanding,  erect, 
ample  in  speech,  graceful  in  compliment,  ||  titanic  in  denuncia- 
tion, rich  in  illustration,  prodigal  of  comparison  and  metaphor, 
his  sentences  measured  and  rythmical  fell  like  music  on  the 

(975)  enraptured  throng.  He  abhorred  (13)...  the  Pharisee  and  loathed 
all  conscientious  fraud.  He  had  a  profound  aversion  for  those 
who  insist  on  putting  a  base  motive  back  of  the  good  |  deeds 
of  others.  He  wore  no  mask.  He  knew  his  friends.  His 
enemies  knew  him.  He  had  no  patience  with  pretense,  with 
patriotic  reasons  for  ||  unmanly  acts.  He  did  his  work  well  and 
bravely,  and  spoke  his  thoughts.  Sensitive  to  the  last  degree, 
(1050)  he  keenly  felt  the  blows  and  stabs  of  (14)  ...  the  envious  and  ob- 
scure, and  the  small  blow  of  the  weakest;  but  the  greatest  could 
not  drive  him  from  his  convictions.  He  would  not  stop  to  I  ask 


23 

or  give  explanation ;  he  left  his  words  and  deeds  to  justify 
themselves.  He  held  in  light  esteem  the  friend  who  heard 
with  half-believing  ||  ear  the  slander  of  a  foe.  He  walked  a 
highway  of  his  own,  and  kept  the  company  of  his  own  self- 
respect. 

"  He  would  not  turn  (15)  ...  aside  to  avoid  a  foe,  to  greet  or  (1125) 
gain  a  friend.  In  his  nature  there  was  no  compromise.  To  him 
there  were  but  two  paths,  |  the  right  and  the  wrong  He  was  ma- 
ligned, misrepresented,  and  misunderstood,  but  he  would  not 
answer.  He  knew  that  character  spoke  louder  than  any  words.  || 
He  was  as  silent  then  as  he  is  now,  and  his  silence,  better  than 
any  form  of  speech,  refuted  every  charge.  He  was  an  Amer- 
ican, (16)  ...  proud  of  his  country,  that  was  and  ever  will  be  (1200) 
proud  of  him.  He  did  not  find  perfections  only  in  other  lands. 
He  did  not  |  grow  small  and  shrunken,  withered  and  apologetic, 
in  the  presence  of  those  upon  whom  greatness  had  been  thrust 
by  chance.  He  could  not  be  overawed  ||  by  dukes  or  lords,  or 
flattered  into  vertabraeless  subserviency  by  the  patronizing  smiles 
of  kings.  In  the  midst  of  conventionalities,  he  had  a  feeling 
of  (17)  ...  suffocation.  He  believed  in  the  royalty,  of  man,  in  (1275) 
the  sovereignty  of  the  citizen,  and  in  the  matchless  greatness  of 
this  Republic.  He  was  of  |  a  classic  mold,  a  figure  from  the  an- 
tique world.  He  had  the  pose  of  great  statues,  the  pride  and 
bearing  of  the  intellectual  Greek,  of  ||  the  conquering  Roman  ; 
and  he  stood  in  the  free  air  as  though  in  his  veins  there  flowed 
the  blood  of  a  hundred  kings.  And  as  (18)  ...  he  lived  he  died.  (1350) 
Proudly  he  entered  the  darkness,  or  the  dawn,  we  call  death. 
Unshrinkingly  he  passed  beyond  the  horizon,  beyond  the  twi 
light's  purple  |  hills,  beyond  the  utmost  reach  of  human  harm 
or  help,  to  that  vast  realm  of  silence  or  of  joy,  where  the  innu- 
merable dwell,  and  he  ||  has  left  with  us  his  wealth  of  thought 
and  deed,  the  memory  of  a  brave,  imperious,  honest  man,  who 
bowed  alone  to  death."  ...  (1423) 


24 
LIFE  IXMTIiAXCE  CORRESPONDENCE. 

BOSTON,  MASS.,  Jan.  18.  18x4. 
THOS.  J.  FINXKY,  ESQ.. 
7.  M'anager  U.  >S.  Ins.  Co.,  Chicago,  III. 

Id  T\°         t  •• 

,  Dear  >\ir — 

words 
per  In  acknowledging  payment  made  me  by  |  the  U.  S. 

minute.  Life  Ins.  Co.,  through  you,  of  $12,000,  being  in  full  of  your  Policy 
No.  40,107,  upon  the  life  of  my  ||  late  husband.  Peter  Winter, 
who  expired  in  August  of  last  year,  I  feel  that  it  is  due  to  you 

(75)  that  I  should  express  my  admiration  of  (1)  ...  your  company's 
prompt  method  of  doing  business. 

Notwithstanding  completed  proofs  were  only  put  into  your 
hands  on  the  25th  September,  yet  I  am  advised  by  |  your  agent, 
under  date  of  the  29th,  just  four  days  following,  of  his  having 
certificate  in  hand  ready  for  payment.  The  information  that  I 
would  ||  be  entitled'to  the  full  amount  of  the  policy,  with  accu- 
mulations, without  any  discount  whatever,  was  a  pleasant  sur- 

(150)  prise  to  me,  I  c:in  assure  you,  (2)  ...  and  further  in  the  fact  that 
it  was  not  due  according  to  contract  until  October  15th,  and  has 
been  already  paid. 

The  company  that  discharges  |  its  obligations  with  such  alac- 
rity, and  in  such  an  efficient  and  business-like  manner,  is  surely 
entitled  to  the  most  favorable  consideration  and  generous 
patronage  ||  of  the  public.  My  husband  held  insurance  with 
several  other  associations,  proofs  of  which  were  furnished  at  the 

(225)  same  time,  but  yours  is  the  first  (3)  ...  to  make  settlement. 
Three  annual  premiums  only  had  been  paid,  the  last  one  but  a 
few  days  in  advance  of  his  departure  for  the  other  |  world.  At 
such  a  time,  when  under  the  shadow  of  a  great  sorrow,  1  can  ap 
preciate  your  kindness  to  the  fullest  extent. 

Please  tender  my  ||  sincere  thanks  to  the  officers  of  your  ex 
cellent  organization,  and  believe  me, 

Gratefully  and  respectfully, 

(293)  JOSEPHINE  WIXTKR,  Executrix.  (4)  ... 


25 


CROWDING  THE  SHORTHAND  MARKET. 

A"\7E  have  heard  a  great  deal  «aid  upon  the  subject  of  "  crowd- 
ing   the    market" — the   shorthand   market,    the   writers', 
aval  the  amanuenses'  market — and  we  |  have  a  word  to  say  in 
return. 

First,  starting  out  with  the  assertion  that  there  is  no  danger 
of  over  crowding  the  market  with  good  \\  writers — men  and 
women  who  understand  their  business,  and  are  willing  to  attend 
to  it,  let  us  see  who  they  are  who  are  continually  complaining  • 
and  fretting,  while  forecasting  a  time  to  come  which  shall 
(through  a  surplus  of  writers)  rob  them  of  their  present  happy 
income 

Though  comparatively  new,  (1)  ...  the  field  for  shorthand  work 
is  already  immense,  and  the  ranks  of  the  thousands  employed 
in  forming  the  mystic  signs  for  a  livelihood  assume  proportions  | 
to-day  of  which  the  most  sanguine  imagination  could  scarcely 
have  dreamed  a  few  short  years  ago.  It  may  be  safely  assumed 
that  one  thousand  ||  writers  of  the  art  are  to-day  engaged  in  New 
York  City  and  Brooklyn  alone.  Who  are  they  ?  As  we  know 
them,  they  are  workers  mostly;  •  men  and  women  who  have 
worked  steadily  into  their  positions,  who  fill  them  creditably, 
who  draw  fair  salaries,  and  who  are  slowly  but  surely  working 
(2)  ...  up  to  something  better  and  to  something  higher  in  their 
chosen  profession. 

You  never  hear  them,  complain  of  the  danger  of  an  over- 
crowded market.  Very  |  few  of  them  that  we  know  but  have 
their  eye  upon  the  uppermost  round  of  the  ladder,  and  are 
working  to  get  there.  They  are  ||  of  what  we  might  term 
"middle-class"  stenographers.  They  are  looking  toward  the 
r  Mii'ts,  perhaps  already  assisting  some  official,  or  they  are  look- 
ing for  a  •  newspaper  appointment,  or  the  "head"  stenogra- 
pher's position  with  their  own  or  a  neighboring  house,  and  for  a 
proportionate  increase  of  salary  in  the  advanced  position  (3)  ... 
And  each  one,  as  we  know  them,  is  willing,  and  expects,  as  he 
steps  down  and  out  to  something  better,  that  his  place  shall  be  | 
filled  by  another,  and  that  that  other  shall  come  from  the  ranks 
below  him,  the  unskilled  amanuensis  or  the  student.  No,  you 
never  hear  these  \\  men  or  these  women  complain  of  the  danger 


100 

words 

per 

minute. 


(100) 


(200) 


(300) 


26 

of  an  overcrowded  market,  and  they  are  of  the  larger  class  of 
our  workers  to-day.     They  are  •  too  busy  to  complain. 

Did  you  ever  know  a  court  reportejr  to  deliberately  express 

(400)  himself  as  uneasy  upon  this  point,  or  fearful  lest  his  place  (4)  ... 
should  be  usurped  and  his  honors  worn  by  a  younger  man?  No, 
sir.  The  firstrdass  court  reporter  is  also  of  the  workers  of  to- 
day, |  and  his  hands  are  too  full  with  the  actual  requirements  of 
to-day  to  bother  with  the  possibilities  of  to-morrow. 

More  than  this.  Every  writer  hi  ||  our  courts  to-day  is  a  self- 
made,  man ;  a  man  who  had  his  own  metal  tried  to  the  utmost 
before  he  reached  the  position  to  which  •  he  has  attained,  and, 
as  such,  he  not  only  feels  that  positive  reliance  in  self  which 

(500)  assures  him  of  his  ability  to  hold  his  (5)  ...  own  against  all  out- 
siders as  long  as  he  may  wish;  but,  if  he  sees  a  younger  brother 
from  the  ranks  of  the  amanuenses  below  slowly  |  and  laboriously 
making  his  way  toward  something  higher,  his  aim  is  to  help  the 
climber,  rather  than  to  retard  him,  in  his  progress  upward.  || 
Your  court  writer  of  to-day  knows  that,  as  the  years  go  by,  he 
will  relinquish  his  place  to  a  younger  man.  He  does  not  ex- 
pect, •  he  does  not  hope,  he  does  not  wish,  forever  to  keep  up 
his  present  tread-mill,  weary  life,  a  life  which  is,  perhaps,  already 

(600)  becoming  (6)  ...  to  him  irksome  and  unsatisfactory.  He  is  look- 
ing for  a  competence,  and  for  a  day  when  he  can  cease  his 
labors,  or  so  enlarge  his  |  field  as  to  do  only  the  supervising, 
with  a  corps  of  the  "climbers"  below  him  to  assist  him  and  to 
learn  "  the  ropes,"  and  perhaps  ||  to  finally  allow  him  to  with- 
draw altogether  from  the  field. 

It  is  only  the  "  sticks"  who  do  the  grumbling.     Men  who  have 
attained  to  •  a  certain  point  just  upon  the  outer  edge  of  sue 
and    men   who,   through   lack    of    ability,   determination,    self- 

(700)  reliance,  energy,  and  what  is  very  appropriately  termed  (7)  ... 
"American  grit,"  will  never,  and  can  never  hope  to,  attain  to  any 
thing  better  than  the  smallest  and  most  transparent  shadow  of 
success  in  a  profession  |  to  which  they  do  no  honor,  and  which 
can  never  be  a  credit  to  them. 

Do  not  be  a  stick.  If  you  are  a  phonographer,  ||  be  a  good 
one.  What  has  been  reached  is  waiting  for  you.  Attend  to 
your  duties,  and  attend  to.  them  well.  Do  every  thing  a  little  • 
better  than  you  are  expected  to.  Climb  !  Progress,  slowly,  per- 
haps, but  surely.  Consider  nothing  too  great  and  no  point  too 


27 

high  for  you  to  attain.  (8)  ...  Better  place  your  mark  at  300       (800) 
words  and  never  reach  it  than  to  be  able  to  write  125  and  stop, 
thinking  you  have  |  accomplished  wonders. 

If  you  look  at  it  in  this  way,  you  will  not  be  -a  stick.  You 
will  have  your  hands  full  to  the  brim,  ||  and  you  will  not  be  of 
that  dangerous,  non-progressive  class  who  are  ever  over-fearful 
of  a  crowding  of  the  stenographic  market,  and  whose  hands  • 
and  minds  are  so  filled  with  foolish  fears  for  the  morrow  that 
they  accomplish  nothing  for  themselves  to-day.  (893) 


I 


"AN  END  OF  ALL  PERFECTION." 

HAVE  seen  a  man  in  the  glory  of  his  days  and  the  pride  of      100 
his  strength.     He  was  built  like  the  tall  cedar  that  |  lifts  its     words 
head  above  the  forest  trees;  like  the  strong  oak  that  strikes  its    mfnufe 
root  deeply  into  the  earth.     He  feared  no  danger;  he  felt  ||  no 
sickness;    he   wondered  that  any  should  groan  or  sigh  at  pain. 
His  mind  was  vigorous,  like  his  body,  he  was  perplexed  at  no 
intricacy;    •   he  was  daunted  at  no  difficulty ;    into  hidden  things 
he  searched,  and  what  was  crooked  he  made  plain.     He  went 
forth  fearlessly  upon  the  face  (1)  ...  of  the  mighty  deep;  he  sur-       (100) 
veyed  the  nations  of  the  earth;  he  measured  the  distance  of  the 
stars,  and  called  them  by  their  names;    [    he  gloried  in  the  ex- 
tent of  his  knowledge,  in   the  vigor  of  his  understanding,  and 
strove  to  search  even  into  what  the  Almighty  had  concealed.  || 
And  when   I  looked  on  him   I  said:   "What  a  piece  of  work  is 
man!    how  noble   in   reason!  how  infinite  in  faculties!   in  form.' 
and  moving  how  express  and   admirable!  in  action  how  like  an 
angel!    in  apprehension  how  like  a  God!" 

I  returned — his  look  was  no  more  (2)  ...  lofty,  nor  his  step       (200) 
proud;   his   broken  frame  was  like  some  ruined  tower;   his  hairs 
were  white  and  scattered;   and  his  eyes  gazed  vacantly  upon    | 
what  was  passing  around  him.     The  vigor  of  his  intellect  was 
wasted,  and  of  all  that  he  had  gained  by  study  nothing  remained. 
He  feared  [|  when  there  was  no  danger,  and  when   there  was  no 
sorrow  he  wept.      His  memory  was  decayed  and  treacherous,  and 
showed  him  only  broken  images  j  of  the  glory  that  was  departed. 
His  house  was  to  him  like  a  strange  land,  and  his  friends  were 
counted  as  his  enemies;   and  he  (3)  ...  thought  himself  strong       (300) 


28 

and  healthful  while  his  foot  tottered  on  the  verge  of  the  grave. 
He  said  of  his  son:  "  He  is  my  brother;"  of  |  his  daughter,  '  I 
know  her  not;"  and  he  inquired  what  was  his  own  name.  And 
one  who  supported  his  last  steps,  and  ministered  to  his  ||  many 
wants,  said  to  me,  as  I  looked  on  the  melancholy  scene:  "  Let 
thine  heart  receive  instruction,  for  thou  hast  seen  an  end  of  all  • 
earthly  perfection." 

I  have  seen  a  beautiful  female  treading  the  first  stages  of 
youth,  and  entering  joyfully  into  the  pleasures  of  life.  The 

(400)  glance  of  (4)  ...  her  eye  was  variable  and  sweet,  and  on  her 
cheek  trembled  something  like  the  first  blush  of  morning,  her 
lips  moved,  and  there  was  |  harmony;  and  when  she  floated  in 
the  dance  her  light  form,  like  the  aspen,  seemed  to  move  with 
every  breeze. 

I  returned — but  she  was  ||  not  in  the  dance ;  I  sought  her  in  the 
gay  circle  of  her  companions,  but  I  found  her  not.  Her  eye 
sparkled  not  there — the  |  music  of  her  voice  was  silent — she 
rejoiced  on  earth  no  more.  I  saw  a  train,  sable  and  slow-paced, 

(500)  who  bore  sadly  to  the  (5)  ...  opened  grave  what  once  was  ani- 
mated and  beautiful.  They  paused  as  they  approached,  and  a 
voice  broke  the  awful  silence:  "  Mingle  ashes  with  ashes,  dust  | 
with  its  original  dust.  To  the  earth,  whence  it  was  taken,  con- 
sign we  the  body  of  our  sister."  They  covered  her  with  the 
damp  soil  ||  and  the  cold  clods  of  the  valley;  and  the  worms 
crowded  into  her  silent  abode.  Yet  one  sad  mourner  lingered, 
to  cast  himself  upon  the  •  grave;  and  as  he  wept  he  said: 
"  There  is  no  beauty,  or  grace,  or  loveliness,  that  continueth  in 

(600)       man;  for  this  is  the  end  of  (6)  ...  all  his  glory  and  perfection. " 

I  have  seen  an  infant,  with  a  fair  brow  and  a  frame  like  pol- 
ished ivory.  Its  limbs  were  pliant  in  [  its  sport*;  it  rejoiced,  and 
again  it  wept;  but  whether  its  glowing  cheek  dimpled  with 
smiles,  or  its  blue  eye  was  brilliant  with  tears,  still  ||  I  said  to 
my  heart :  ''  It  is  beautiful."  It  was  like  the  first  pure  blossom, 
which  some  cherished  plant  has  shot  forth,  whose  cup  is  j  filled 
with  a  dew-drop,  and  whose  head  reclines  upon  its  parent 
stem. 

I  again   saw  this  child  when  the  lamp  of  reason  first  dawned 

(700)  (?)  •*•-  i]1  its  mind.  Its  soul  was  gentle  and  peaceful;  its  eye 
sparkled  with  joy,  as  it  looked  round  on  this  giod  and  pleasant 
world.  It  |  ran  swiftly  in  the  ways  of  knowledge;  it  bowed  its 


29 

ear  to  instruction ;  it  stood  like  a  lamb  before  its  teachers.  It 
was  not  proud,  ||  or  envious,  or  stubborn;  and  it  had  never  heard 
of  the  vices  and  vanities  of  the  world.  And  when  I  looked  upon 
it  I  remembered  •  that  our  Savior  had  said:  "  Except  ye  become 
as  little  children,  ye  can  not  enter  into  the  kingdom  of  heaven." 

But  the  scene  was  changed,  and  (8)  ...  I  saw  a  man  whom  the  (800) 
world  called  honorable,  and  many  waited  for  his  smile.  They 
pointed  out  the  fields  that  were  his,  and  talked  |  of  the  silver 
and  gold  that  he  had  gathered;  they  admired  the  stateliness  of 
his  domes,  and  extolled  the  honor  of  his  family.  And  his  || 
heart  answered  secretly:  "  By  my  wisdom  have  I  gotten  ail  this;" 
so  he  returned  no  thanks  to  God,  neither  did  he  fear  nor  serve 
him.  •  And  as  I  passed  along,  I  heard  the  complaints  of  the 
laborers  who  had  reaped  down  his  fields,  and  the  cries  of  the 
poor,  whose  (9)  ...  covering  he  had  taken  away;  but  the  sound  (900) 
of  feasting  and  revelry  was  in  his  apartments,  and  the  unfed 
begger  came  tottering  from  his  door.  |  But  he  considered  not 
that  the  cries  of  the  oppressed  were  continually  entering  into 
the  ears  of  the  Most  High.  And  when  I  knew  that  ||  this  man 
was  once  the  teachable  child  that  I  had  loved,  the  beautiful  in- 
fant that  I  had  gazed  upon  with  delight,  I  said  in  my  j  bitter- 
ness: "1  have  seen  an  end  of  all  perfection;"  and  I  laid  my 
mouth  in  the  dust. — Mrs.  Sigourney.  (992) 


SPEECH  OF  HON.  GEO.  H.  PENDLETON. 

THE    DEMOCRATIC    PARTY. 

i  no 
\\7HAT  is  the  Democratic  party  which  these  men  so  slander? 

It  is  the  party  of  the  Constitution.     It  believes  the  highest       ^ 
duty,  as  the  greatest  |  safety,  is  obedience  to  its  mandates.     It   minute. 
believes  the  powers  of  the  Federal  Government  are  all  granted, 
and  those  not  granted  are  reserved  to  the  ||  states  and  the  peo- 
ple.    It  believes  in  simplicity,  economy,  purity  of  administra- 
tion.    It  believes  in  an   "indissoluble  union  of  indestructible 
states."     It  Believes  principles  endure,  |  while  policies  should 
change  with  each  new  phase,  of  varying  conditions.     It  believes 
administration  is  never  perfect,  but  can  always  be  improved,  al-        nOOl 
ways  be  reformed.  (1)  ...  It  believes  in  the  people,  their  wisdom, 
their  honesty,  their  devotion  to  the  common  weal — greater  than 


30 

that  of  any  one  man — and  therefore  it  |  believes  in  constant  re- 
currence to  the  people,  that  parties  and  policies  and  administra* 
tions  may  have  a  new  inspiration  of  vigor,  courage  and  loftier 
aim. 

When  ||  Washington  retired  from  the  Presidency,  and  party 
spirit  assumed  activity,  the  Democratic  party,  already  organized, 
came  into  the  field.  Jefferson's  inaugural  proclaimed  the  creed 
of  |  the  Democratic  triumph.  The  vital  truths  of  that  creed 
a  ivanced  by  succeeding  generations,  even  as  increasing  vigilance 

(200)  fed  the  vestal  fires,  inspire  its  life  and  (2)  ...  action  to-day.  It  is 
the  party  of  Jefferson,  and  Madison,  and  Monroe,  and  Jackson, 
and  Polk;  it  gave  to  us  Louisiana,  and  Florida,  and  Texas,  |  and 
New  Mexico,  and  California;  a  hundred  years  ago,  laying  aside 
kingcraft  on  the  one  side,  and  mere  confederation  on  the  other, 
it  made  this  ||  Constitution,  and  for  sixty  years  so  administered 
it  that  in  the  Government  during  all  that  time  there  was  no  law 
higher  than  the  Constitution  itself.  •  It  is  the  party  which,  in 
stoim  and  tempest  and  wintry  blast,  has  stood  like  the  ocean 

(300)  rock,  unmoved  and  immovable,  while  around  its  base  (3)  ... 
all  other  parties,  the  things  of  a  day,  the  boasted  Republican 
party  included,  have  surged  and  swayed  with  uneven  and  incon- 
stant motion,  like  waves  which  |  obey  the  fitful  bidding  of  the 
fickle  moon.  The  spray  may  have  covered  it  to  the  sides;  the 
waters  may  have  washed  its  summit,  but  ||  every  pause  of  the 
storm  has  shown  its  light  unquenched,  pointing  out  with  undi- 
minished  luster  the  rocks  of  danger  and  the  channels  of  safety. 
Its  •  history  of  sixty  years  of  glorious  administration,  in  peace, 
in  war,  in  prosperity,  in  distress,  in  protecting  the  rights  of  every 

(400)       citizen  abroad,  in  carrying  (4)  ...  our  flag  and  upholding  its  honor 
in  every  land,  in  building  up   American  shipping,  in  developing 
American  commerce,  in  fulfilling  every  National  promise  to  the  | 
world,  and  every  party  promise  to  the  people    has  justified  its 
fame. 

THE    REPUBLICAN    PARTY. 

And  this  Republican  party,  what  is  it?  It  is  a  thing  of  yes- 
terday, ||  it  was  born  in  1860.  It  first  drew  breath  in  the 
throes  of  revolution.  Its  leaders  thrive  on  the  abuse,  and 
excesses  which,  though  •  flagrant,  were  tolerated.  They  would 
not  have  it  a  constitutional  party,  for  every  hour  of  its  existence 
(500)  they  cited  a  higher  law  for  every  wrong  (5)  ...  they  wished  to  do. 


31 

They  have  masqueraded  as  the  friends  of  freedom,  of  emancipa- 
tion. It  is  time  to  strip  the  mask.  The  Crittenden  resolution, 
voted  |  for  by  every  Kepublican  member  of  Congress,  declared 
that  not  the  emancipation  of  slaves,  but  the  preservation  of  the 
Union,  was  the  object  of  the  ||  war.  Mr.  Lincoln,  halfway  along 
in  his  administration,  declared  that  war  was  waged  to  restore  the 
Union  as  it  was,  and  we  all  know  |  it  was  part  slave  and  part 
free.  Mr.  Lincoln,  when  the  preachers  urged  the  proclamation 
of  emancipation,  replied  that  it  would  have  no  greater  legal 
(6)  ...  or  physical  effect  than  the  Pope's  bull  against  the  comet.  (600) 

These  leaders  encouraged  enmities  and  hatreds  and  suspicion 
among  their  fellow-citizens  of  the  North.  |  They  prostituted  the 
idea  and  the  words  of  love  and  loyalty  to  country,  making  them 
synonymous  with  support  of  their  party.  They  plunged  the 
country  ||  into  enormous  unnecessary  debt,  disordered  the  finan- 
cial and  economic  systems,  and  have  never  ceased  to  claim  the 
credit  to  themselves  that  the  benefactions  of  heaven  •  and  the 
tremendous  energy  of  the  people,  through  unparalleled  suffer- 
ing, have  in  twenty  years  restored  specie  payment  and  paid  off  a 
great  portion  of  the  (7)  ...  public  debt.  These  modest  leaders  (700) 
arrogate  to  themselves  all  the  credit  of  every  good  which  hap- 
pens to  the  country  during  a  Republican  administration — the 
shining  |  sun,  the  falling  rains,  the  abundant  crops,  the  healthful 
seasons. 

And  my  worthy  colleagne,  Senator  Sherman,  went  further  than 
I  have  elsewhere  noticed.  He  said  ||  at  Ashland,  in  laudation 
of  the  great  feats  of  the  Republican  party :  "  The  excess  of  taxes 
is  so  lightly  borne  that  no  considerable  portion  of  •  the  people 
complain  of  them,  and  no  general  demand  is  made  for  the  repeal 
of  any  of  them.  Indeed  it  is  a  marvelous  feature  of  (8)  ...  our  (800) 
condition  that  to  repeal  taxes  is  more  unpopular  than  to  retain 
them,  and  some  of  these  taxes  are  themselves  a  means  of  pros- 
perity, and  |  not  a  burden  complained  of  by  any." 

Does  not  an  assertion  like  that  tempt  one  to  say  of  these  lead- 
ers, that  under  their  guidance  "  the  ||  Republican  party,  so  far  as 
principle  is  concerned,  is  a  reminiscence.-  In  practice  it  is  an  or- 
ganization for  enriching  those  who  conduct  its  machinery." 

This  |  party  has  been  in  possession  of  power  twenty-four  years. 
Should  it  be  kept  longer  in  power  ?  /-ccm 


32 


100 
words 

per 
minute. 


(100) 


(200) 


(300) 


FORFEITURE  CONTRACTS  AND  MORTGAGES. 

a  \  7ERY  few  contracts  and  mortgages  are  being  foreclosed  in 
Southern  California.  The  land  owners  are  giving  exten- 
sions of  time  to  all  who  manifest  any  disposition  to  |  pay  either 
interest  or  principal.  The  fact  is,  the  interpretation  of  the 
courts  in  the  matter  of  land  contracts  is  all  in  favor  of  the  || 
buyer.  The  statutes  of  California  distinctly  state  that  when 
money  has  been  paid  upon  real  estate,  no  matter  what  forfeiture 
clauses  may  be  contained  in  •  the  instrument  representing  the 
sale  and  purchase,  the  equity  of  the  purchaser  must  be  pro- 
tected. In  other  words,  the  mere  fact  that  the  instrument  con- 
tains (1)  ...  a  forfeiture  clause,  whether  recorded  or  not,  does 
not  empower  the  seller  to  declare  such  forfeiture,  except  after 
due  process  of  law.  To  undertake  a  |  foreclosure  ties  up  the 
property  for  at  least  nine  or  ten  months.  Therefore,  if  pur- 
chasers manifest  a  desire  to  meet  their  payments,  sellers  are 
easy  ||  with  them. 

"I  had  about  forty  contracts  in  my  possession  a  short  time 
ago,"  said  an  attorney,  "  and  we  did  not  enter  suit  in  a  •  single 
case.  Just  what  recourse  a  purchaser  would  have  whose  con- 
tract is  not  of  record,  in  case  it  was  declared  forfeited  and  sold 
to  an  (2)  ...  innocent  party,  is  notquite  clear.  The  actual  second 
purchaser,  being  an  innocent  purchaser,  would  manifestly  main- 
tain possession.  I  do  not  know  what  standing  in  |  court  the  de- 
faulting purchaser  could  establish.  He  would  certainly  be  at  a 
disadvantage,  as  he  would  be  obliged  to  bring  his  suit  in  a 
court  ||  of  law,  which  is  a  very  different  thing  from  bringing  it 
in  a  court  of  equity. 

"There  is  a  second  remedy  that  the  seller  might  |  resort  to, 
and  it  is  strange  it  has  not  become  a  common  course  of  proced- 
ure. The  statute  provides  that  the  measure  of  damages  in 
a  (3)  ...  violation  of  a  contract  of  sale  shall  be  the  difference  be- 
tween the  selling  price  at  the  time  of  such  violation  of  contract 
and  the  selling  [  price  at  the  time  of  executing  the  agreement. 
That  is  to  say,  if  a  contract  of  sale  of  a  lot  a  year  ago  was 
made  ||  on  the  basis  of  $1,000,  and  the  lot  was  worth  only  $300 
to-day,  the  measure  of  damages  would  be  represented  by 
$700,  •  less  the  amount  already  received.  If  the  party  declining 


33 

to  fulfill  the  contract  were  solvent,  the  seller  would  have  a  valid 
claim  against  him  (4)  ...  for  the  difference,  as  above  indicated.       (400) 
This,  I  think,  would  apply  to  contracts  assigned  to  other  parties 
against  the  original  parties  to  the  agreement."  (424) 


PETITION  IN  A  SUIT  FOR  DAMAGES. 

Frances  Hayes,  Pltf.,  1  Couft  of  Common  H 

vs.  ,  ,.  /-,..-,       1UU 


'"THE  plaintiff,   complaining    of    the    defendant,   respectfully    minute- 
shows  to  this  honorable  court,  as  follows: 

First.  That  the  above  named  defendants  are  a  corporation  || 
created  by  and  under  the  laws  of  the  State  of  New  York,  for 
the  purpose  of  carrying  and  transporting  passengers  through  cer- 
tain streets  and  avenues  •  in  the  city  of  New  York,  and,  at  the 
time  hereinafter  named  and  mentioned,  were  common-carriers 
of  passengers  in  said  certain  streets  and  avenues,  (1)  ...  as  afore-  (100) 
said. 

Second.  That  the  above  named  plaintiffs  avocation  and  only 
means  of  employment  is  that  of  selling  and  disposing  of  news- 
papers in  said  city  |  of  New  York. 

Third.  That  on  or  about  the  20th  day  of  October,  1884,  in  the 
afternoon,  this  plaintiff,  while  crossing  Chatham  street,  near  || 
Center  street,  in  said  city  of  New  York,  in  the  transacting  of  her 
said  business,  was  violently  thrown  down  and  run  over  by  one 
of  |  the  horse-cars  of  said  defendants,  solely  and  wholly  by  and 
through  the  sheer  carelessness  and  negligence  of  the  driver  of 
said  horse-car,  who  (2)  ...  was  at  that  time  in  the  employment       (200) 
and  service  of  said  defendants  as  driver  of  said  horse-car. 

Fourth.  That  in  consequence  and  by  reason  |  of  the  facts  al- 
leged in  the  above  third  paragraph,  this  plaintiff  was  much  in- 
jured in  her  body  and  made  ill,  and  for  some  time  after  ||  and 
still  remains  ill  and  nervous,  owing  to  the  shock  she  then  sus- 
tained, and  has  been  damaged  in  the  sum  of  one  thousand 
dollars. 

Wherefore,  •  this  plaintiff  prays  relief  from  this  court  by  dam- 


34 

ages  against  the  defendant  in  the  sum  of  one  thousand  dollars,  be- 
(300)       sides  the  costs  and  disbursements  of  (3)  ...  this  action. 

T.  FRANCIS  GIBBOXS,  Plaintiff's  Attorney. 

City  and  County  of  New  York,  ss : 

Frances   Hayes,  of  said   city  and   county,  being  duly  sworn,  | 
deposes  and  says  that  she  is  the  plaintiff  in    the  above  action ; 
that  she  has  read  the  foregoing  complaint   and   knows  the  con- 
tents thereof,  and  ||  that  the  same  is  true  of  her  own  knowledge, 
except  as  to  the  matters  therein  stated  to  be  alleged  on  informa- 
tion and  belief,  and  as  j  to  those  matters  she  believes  them  to 
be  true. 
\.VJ7)  Sworn  to  before  me,  this  22d  day  of  November,  1S84. 

AUGUST     \V  AKTEKLIXG. 


ANSWER  TO  A  PLAINTIFFS  PETITION. 

100       Robert  H.  Peabody  ) 

wnrd-1  vs  >  City  Court  of  Brooklyn, 

per        Theodore  K.  l\o.<s.    ) 

minute     '~pHE  above-named   defendant,  by  Moore   Bros.   &  Clarke,  an- 
swering  the  complaint  of  the  plaintiff,  |  respectfully  states 
and  shows  to  this  court : 

I.  He  admits  the  making  of  two  certain  promissory  notes,  one 
of  $13U  and  one  of  ||  $l30.2.r>  respectively  ;  although  on  their  face 
purporting  to  be  for  value  received  by  him,  but  in  reality  for  no 
value  •  or  consideration  except  under  an  agreement  entered 
into  with  the  plaintiff,  as  will  more  fully  appear  hereafter. 
(100)  II.  Defendant  further  answering,  and  as  a  separate  (1)  ...  an- 

swer and  d"iens,',  alleges  that  on  or  about  the  2d  day  of  Febru- 
ary, 1882,  the  plaintiff  recovered  a  judgment  against  a  manu- 
facturing company,  |  known  as  the  ''  Whitestone  Building  Com- 
pany," for  the  sum  of  $160.25,  and  held  a  claim  against  said 
company  for  $'.00;  that  ||  at  the  time  of  the  said  entering  and  re- 
covery of  the  said  judgment,  and  subsequent  thereto,  this  de- 
fendant was  employed  by  said  company  as  superintendent;  • 
that  whilst  he  was  so  acting  numerous  judgments  were  obtained 
against  the  said  company,  which  could  not  be  all  satisfied,  the 
(200)  property  of  the  said  company  (2)  ...  having  been  sold  under 


35 

execution  prior  to  the  recovery  of  the  above  named  judgment; 
that  in  order  to  be  able  to  get  parties  to  revive  the  |  said  com- 
pany, this  defendant  was  delegated  to  wait  on  the  .various  cred- 
itors of  the  said  company,  and  so  did,  among  which  was  the 
plaintiff,  and  ||  get  him  to  release  or  suspend  his  judgment  and 
claim  thereunder.  That  in  order  to  do  so,  this  defendant  gave 
his  said  notes  as  aforesaid  •  under  the  agreement  which  was 
then  made,  that  the  defendant  was  to  take  an  assignment  of 
the  said  judgment,  which  this  defendant  then  did,  and  (3)  ...  in  (300) 
addition  to  which  this  defendant  was  to  hold  the  judgment  tin- 
der the  said  assignment  in  his  name  for  about  sixty  days,  in 
order  to  |  give  the  said  company  a  chance  to  reorganize.  And 
it  was  further  agreed  that  if  such  time,  or  in  a  reasonable  time 
thereafter,  the  ||  said  company  failed  to  reorganize,  then  the  de- 
fendant was  to  re-assign  the  said  judgment,  and  the  plaintiff  was 
to  deliver  the  said  note  to  the  •  defendant,  or  if  the  said  com- 
pany reorganized,  then  this  plaintiff  was  to  receive  the  amount 
of  one  of  the  said  notes  in  cash  from  the  (4)  ...  said  company  (400) 
through  this  defendant,  and  the  balance  in  stock  of  said  com- 
pany, which  the  plaintiff  then  and  there  agreed  to  do. 

III.  That  the  |  said  company  failed  to  reorganize  within  the 
said  time,  and  immediately  thereafter  the  defendant  tendered 
under  his  agreement  a  re-assignment  of  the  aforesaid  judgment 
to  ||  the  said  plaintiff,  who  refused  to  accept  the  same  or  deliver 
up  the  notes  to  this  defendant,  though  it  was  further  and  dis- 
tinctly understood  between  •  the  plaintiff  and  the  defendant 
that  the  said  plaintiff  was  not  to  hold  the  defendant  on  the 
said  notes,  but  to  hold  his  claim  and  (5)  ...judgment  against  (500) 
the  said  "  Whitestone  Building  Company." 

Defendant  further  answering,  alleges  that  the  said  plaintiff 
has  and  holds  a  judgment  against  the  said  company  for  |  the 
sum  of  $160.25,  as  part  of  the  amount  for  which  the  said  notes 
were  given,  as  appears  by  the  records  in  the  ||  office  of  the  clerk 
of  the  City  and  County  of  New  York;  that  the  said  notes  were 
merely  given  as  vouchers  for  the  assignment,  and  |  the  plaintiff 
agreed  with  the  defendant  not  to  use  the  said  notes  except  as 
above  set  forth,  and  in  pursuance  of  the  above  agreement, 
and  (6)  ...  upon  the  conditions  therein  stated.  (600) 

Defendant  further  answering  denies  each  and  e'very  allega- 


36 

tion  in  the  said  complaint  not  hereinbefore  specifically  contro- 
verted, admitted,  or  denied. 

Wherefore,  \  he  demands  that  the  said  complaint  be  dismissed 
with  costs. 
(642)  MOORE  BROS.  &  CLARKE,  Attorneys  for  Defendant. 


LEGAL  CORRESPONDENCE. 

CINCINNATI  CATHEDRAL,  Nov.  17,  1883. 
JOHN  B.  MANNIX,  ESQ.,  ASSIGNEE  (OF  THE)  MOST  REV.  ARCHBISHOP 

PURCELL : 
Dear  Sir : 
100       JT  is  well  known  to  you  I  that  I  have  taken  no  part  in  the  liti- 

i  *• 

gation  which  has  been  going  on  between  you  as  assignee  (of 

minute  ^ie)  ^os*  ^ev-  Archbishop  and  the  ||  various  congregations  and 
educational  and  charitable  institutions.  The  assignment  was 
made,  suit  commenced,  and  the  lawyers  were  employed  before  I 
came  to  the  diocese,  •  I  understood  that  the  clergy  and  laity, 
without  advancing  an  obligation  of  justice,  through  their  regard 
for  the  Archbishop,  attempted  to  make  provision  for  the  pay- 

(100)  ment(l)  ...  (of  the)debt;  but  they  feared  the  debt  was  so  ex- 
ceedingly great,  and  the  amount  of  property  so  very  small,  that 
any  attempt  to  pay  |  even  a  considerable  portion  of  it  by  any 
means  in  their  reach  would  end  in  failure.  On  the  other  hand, 
the  churches  and  other  institutions,  ||  as  is  claimed  by  the  con- 
gregations, were  built  by  them  and  the  money  (of  the)  Most 
Rev.  Archbishop,  or  of  his  brother,  was  not  used  |  therein. 
Thus,  irrespective  of  any  legal  claim  the  creditors  may  have,  re- 
sulting from  the  fact  that  the  property  stood  in  the  name  of  John 

(200)  B.  (2)  ...  Purcell,  his  heirs  and  assigns,  I  do  not  see  that  I  have 
a  right  (to)  put  upon  the  churches  and  charitable  institutions  an 
obligation  (to)  |  pay  the  debt.  I  felt,  however,  a  sympathy  for 
the  creditors,  and  have  puf.  my  sympathy  in  practice  by  doing 
what  1  could.  I  have  ||  always  intended  to  do  more  than  I  have, 
and  I  am  willing  to  do  it  now.  I  think  it  is  admitted  that  the 
suit  which  |  has  lately  been  determined  in  the  District  Court  of 
Hamilton  county,  was  prepared  and  presented  (to  the)  court 

(300)       with  great  care  and  ability  by  distinguished  (3)  ...  counsel  on 


37 

both  sides.  The  Court  took  due  time  for  deliberation,  and  they 
have  decided  it  in  a  long  and  learned  opinion.  While  there 
are  |  parties  on  each  side  (of  the)  case,  who  are  not  satisfied  with 
the  decision,  and  who  think  they  might  gain  by  further  litiga- 
tion, yet  most  ||  of  those  whom  I  have  heard  express  an  opinion, 
believe  the  decision  is,  on  the  whole,  just,  and  that  it  were  well 
to  remember.  I  j  am  informed  that  the  expense  of'further  lit- 
igation will  be  very  heavy,  and  it  must  be  paid  from  the  moneys 
now  on  hand  for  the  (4)  ...  creditors.  If  you,  as  representing  (400) 
the  creditors,  would  be  willing  to  let  the  case  rest  where  it  is,  I 
will  do  all  that  I  can  |  to  bring  about  a  result  as  favorable  as  pos- 
sible (to  the)  creditors. 

The  clergy  (of  the)  diocese,  from  the  beginning,  declared  unan- 
imously, at  a  meeting  ||  called  to  consider  the  matter,  that  so  far 
as  any  money  of  the  Archbishop  or  of  his  brother  was  expended 
upon  any  of  the  churches  •  or  institutions,  which  had  not  been 
refunded,  it  should  be  repaid  by  the  congregation  or  institution 
owing  it,  and  the  particular  property  should  be  held  (5)  ...  there-  (500) 
for.  This  is,  as  I  understand  it,  substantially  what  the  Court  has 
decided,  and  to  this  the  churches  and  congregations  adhered,  so 
that  all  such  |  sums  will  be  paid  without  any  litigation. 

The  Court  has  also  decided  that,  for  some  (of  the)  institutions, 
as  the  Cathedral,  Seminary,  and  the  Orphan  ||  Asylum,  their  ac- 
counts should  be  examined,  and  it  should  be  ascertained  how 
much  they  may  owe  for  moneys  disbursed  to  them  by  the  Most 
Rev.  •  Archbishop  and  his  brother.  I  understand  that,  for  want 
of  accounts  and  records  preserved,  it  will  be  exceedingly  difficult, 
if  not  impossible,  to  come  to  (6)  ...  any  well-grounded  conclusion  (600) 
in  at  least  some  (of  the)  cases^  I  will  be  glad  to  use  all  my  in- 
fluence and  exertions  without  disputing  the  |  matter,  and  the 
reverend  clergy  and  laity  are  disposed  to  exert  themselves  for 
obtaining  the  largest  sum  in  our  power  to  collect,  and  I  believe  || 
the  creditors  will  receive  more  than  a  Master  in  Chancery  could 
find  any  sufficient  reason  for  rewarding  them. 

I  submit  the  foregoing  to  your  prudent  •  consideration,  and 
have  the  honor  to  remain  your  obedient  servant, 
WM.  H.  ELDER, 

Archbishop  of  Cincinnati.  (691) 


452277 


38 


100 
words 

per 
minute. 


(100) 


(200) 


(300) 


THE  REAL  ISSUE  IN  THE  CAMPAIGN. 

TT  is  extremely  difficult,  not  to  say  impossible,  to  condense  in 

one  short  article  the  real  differences  between  the  two  parties 
now  organized  for  a  |  contest  in  the  Presidential  campaign.  That 
it  involves  free  trade  on  one  side  and  a  prohibitory  tariff  on  the 
other  is  a  fact  to  be  ||  gathered  from  charges  made  on  one  side 
against  the  other,  and  earnestly  denied  by  both  organizations  as 
applied  to  themselves.  When  we  analyze  the  two  j  platforms 
with  care,  we  find  the  Democrats  confine  themselves  to  a  reduc- 
tion of  a  war  tariff  to  the  economical  wants  of  a  government  in 
a(l)  ...  time  of  peace,  with  no  assertion  whatever  looking  to 
free  trade.  And  if  we  examine  as  closely  the  Republican  decla- 
ration, we  learn  that  the  contest  |  is  put  upon  a  hypothetical 
proposition  which  says  that  rather  than  have  their  protective 
tariff  destroyed  they  would  wipe  out  the  internal  revenue  and 
raise  ||  duties  to  a  prohibition. 

In  this  it  will  be  observed  that  both  sides  agree  that  the  rev- 
enue is  greatly  in  excess  of  the  government  wants  •  and  ought 
to  be  reduced.  This  narrows  the  contention  to  the  means  through 
which  the  end  agreed  on  shall  be  accomplished.  The  Democratic 
party  demands  (2)  ...  that  the  tax  shall  be  taken  from  the  nec- 
essaries of  life,  leaving  luxuries  to  bear  the  burden  ;  while  the 
Republicans  hold  to  the  law  as  |  it  is,  and  would  liberate  to- 
bacco and  liquor. 

If  the  canvass  were  confined  to  this  issue,  it  is  so  plain  that 
little  discussion  would  be  ||  called  for.  The  voters  of  the  United 
States,  thanks  to  our  common  schools  and  a  powerful  and  widely 
circulated  press,  are  intelligent,  so  that  few  •  words  are  neces- 
sary to  make  so  plain  a  contention  exceedingly  clear. 

Unfortunately  for  us,  the  issue  is  clouded  and  obscured  by 
matters  that  pertain  to  (3)  ...  the  subject  in  the  abstract,  and 
more  unfortunately  by  claims  and  charges  that  have  little  fact 
and  less  logic  to  sustain  them.  We  have  the  |  country  divided 
nearly  equally  between  two  parties  fiercely  bent  on  securing  a 
victory  to  one  side  or  the  other,  and  as  the  contest  grows  heated  || 
neither  side  is  nice  as  to  the  means  by  which  this  result  is  ob- 
tained. The  press  is  as  much  divided  as  the  people  they  ad- 


39 

dress,  •  and  as  each  organization  clings  to  its  own  journals  it  is 
almost  impossible  to  have  both  sides  heard. 

Another  difficulty  attends  any  attempt  at  a  (4)  ...  free,  fair  and  (490 , 
frank  discussion  of  this  measure  of  revenue  reduction.  Tim- 
was  in  the  history  of  our  government  when  a  contention  between 
parties  as  |  to  the  administration  of  the  General  Government 
turned  on  purely  political  matters  of  an  abstract  sort.  Of  course, 
they  affected  one  way  or  another  the  ||  policy  of  the  administra- 
tion, and  let  what  party  soever  succeed,  the  success  had  no  other 
result  than  a  defeat  of  the  opposite  organization's  idea  of  •  the 
better  sort  of  a  political  administration.  Since  the  late  Civil 
War  all  this  has  changed.  A  change  of  policy  directly  affects  all 
the  moneyed  (o)  ...  and  material  interests  of  the  country.  In  (500) 
other  words,  the  government  erected  by  the  fathers  has  passed 
from  a  political  structure  built  mainly  to  keep  |  the  peace  be- 
tween states,  protect  us  as  a  nation  from  foreign  aggression,  to 
secure,  so  far  as  its  limited  jurisdiction  can,  to  every  citizen  his  || 
rights  to  life,  liberty,  and  the  lawful  use  of  his  property,  to  a 
commercial  affair,  that  undertakes  to  not  only  influence  but  di- 
rectly guide  the  |  moneyed  and  material  business  of  the  people. 
The  government  has  come  to  be,  what  the  monarchies  of  Europe 
are,  paternal.  It  seeks  to  do  something  (6)  ...  for  every  body,  (600) 
with  the  natural  result  of  great  benefit  to  a  few  and  a  grave  in- 
jury to  all. 

A  change  of  policy  then,  especially  one  |  that  looks  to  a  resto- 
ration of  the  government  to  the  political  basis  of  its  framers,  in- 
volves,  besides  a  change  of  policy  of  a  political  sort,  ||  the  mate- 
rial interests  to  the  extent  of  millions,  invested  not  only  under 
direction  of  the  government,  but  insured  success  by  the  payment 
of  bounties  gathered  |  from  the  taxes  levied  upon  the  labor  and 
property  of  all  the  people.  This  is  called  the  business  relations; 
and  when  a  Republican  says  we  (7)  ...  are  disturbing  such  busi-  (700) 
ness  relations,  he  tells  the  truth,  and  his  zeal  can  be  measured 
by  the  amount  he  has  invested  and  the  premium  the  |  govern- 
ment has  agn  ed  to  pay  him  out  of  the  pockets  of  the  consum- 
ers. That  such  interested  party  will  be  loud  in  his  denuncia- 
tions, and  not  ||  particular  in  either  his  abuse  or  assertion  of  fact, 
is  not  to  be  wondered  at. 

This  is  written  in  no  spirit  of  anger.     The  protectionist  •  is 
not  to  be  blamed.     He  has  taken  advantage  of  the  situation,  and 


40 

made  his  investment  in  accordance  with  the  law,  and  is  no  more 

(800)  (8)  ...  to  blame  for  the  criminal  system  under  which  he  grows 
rich  than  the  slave-holders  of  the  South  were  for  the  slavery 
sanctioned  by  law  |  and  sanctified  by  usage  upon  which  they 
lived.  That  was  for  its  day  the  business  relation  which  at  first  a 
handful  of  fanatics,  and  afterward  ||  the  people  of  the  United 
States,  sought  to  disturb,  not  by  argument  but  by  the  bayonet. 
We  have  lived  to  be  thankful  that  that  business  •  relation  was 
wiped  out  how  much  soever  we  may  lament  the  gallant  dead  and 

(900)  the  wasted  treasure.  And  the  time  will  come  when  all  the  (9)  ... 
people  will  rejoice  to  see  this  business  relation — a  darker  evil 
than  that  of  slavery — eliminated  from  the  land.  It  is  a  darker 
evil;  for  |  while  the  Southern  system  of  unrequited  toil  enslaved 
the  blacks,  this  system  is  reducing  white  labor  to  slavery,  and 
we  revenue-reformers,  or  free-traders,  ||  if  we  may  so  be  called, 
are  making  our  fight  for  our  own  race,  whose  misery  keeps  pace 
with  our  prosperity,  and  we  can  measure  •  our  present  progress 
not  only  by  the  palaces  of  millionaires,  but  by  the  huts  and  hov- 
els of  oppressed  labor. 

(1000)  The  parallel  between  that  business  relation  (10)  ...  of  slavery 
and  this  business  relation  today  is  yet  more  strongly  marked  in 
the  anxiety  to  keep  down  all  discussion  and  avoid  all  agitation 
of  |  the  subject.  We  of  the  South  protested  against  all  agitation, 
for  we  had  the  gravest  reason  to  fear  the  worst.  We  were  not 
the  authors  ||  of  the  slave  system.  It  had  been  forced  upon  us, 
and  the  mere  fact  that  it  could  exist  made  agitation  such  a  terri- 
ble menace,  for  •  it  meant  appeals  to  a  race  capable  of  being  en- 
slaved, and  capable  therefore  of  all  such  a  condition  made  possi- 
ble in  a  servile  insurrection. 

(1100)  In  (11)  ...  like  manner  our  moneyed  friends  deprecate  agi- 
tation. In  their  efforts  in  this  direction  they  have  very  nearly 
succeeded  in  making  the  term  free-trader  as  |  obnoxious  as  was 
that  of  abolitionist  before  the  war.  They  feelingly  attribute  the 
depression  in  trade  to  this  agitation.  "  These  free-traders  are 
seeking  to  ||  disturb  the  business  relations,"  they  cry.  "  No  man 
will  invest  in  any  enterprise  so  long  as  the  country  is  menaced 
by  such  cranks  and  fanatics."  • 

How  absurd,  how  laughable  this  is,  one  learns  by  considering 
the  measure  introduced  by  the  Ways  and  Means  Committee  of 

(1200)     the  House,  over  which  all  (12)  ...  this  disturbance  arises.     The 


41 

fact  is,  however,  the  trouble  is  not  in  the  measure  before  the 
House,  but  in  a  subtle,  ill-defined  fear  that  |  if  a  popular  agita- 
tion is  had,  the  people  will  come  to  learn  what  a  fraud  and  ex- 
tortion this  tariff  system  is.  Such  agitation  will  bring  ||  out  the 
f;ict  that  instead  of  aiding  on  the  real  prosperity  of  the  country, 
it  is  its  deadly  enemy.  The  people  will  find  that  it  j  has  rob- 
bed us  of  the  carrying  trade  upon  the  high  seas,  and  driven  our 
flag  back  from  the  furthest  reaches  of  civilized  and  savage  life 

(13)  ...  the  world  over,  to  within   the  limits  of  our  own  land      (1300) 
They  will  learn  that  while  it  protects  capital,  arresting  compe- 
tition in  its  behalf,  it  |  leaves  labor  to  compete  with  the  very 
pauper  labor  of  Europe;   for  our  ports  are  open,  and  millions  of 

these  poor  people  are  admitted  to  ||  contest  the  rags  and  food 
awarded  by  these  favored  few  to  the  toiling  thousands,  for  it  is  a 
fact,  not  to  be  denied,  that  the  •  poorest  paid  labor  of  the 
United  States  is  this  so-called  protected  labor.  They,  the  peo' 
pie,  mostly  agriculturists,  will  learn  through  this  agitation  that 

(14)  ...  this  system  of  protection  leaves  the  farmer  to  sell  under     (I4u()) 
free  trade  all  that  he  produces,  for  the  market  for  his  produce  is 

in  Europe,  |  where  he  competes  with  the  lowest  form  of  pauper 
labor;  while  all  that  he  purchases — his  clothes,  the  material  for 
his  fences,  shelter,  and  iron,  ||  glass,  furniture,  and  all  that  gives 
him  and  his  stock  shelter  is  augmented  to  twice  its  value  by  the 
tariff'. 

Small  wonder  then  that  they,  •  these  advocates  of  a  high  tar- 
iff, instinctively  shrink  from  agitation.     It  is  said  that  in  some 
parts  of  the  Andes   the  travelers  climbing  the  perilous  (15)  .  „     (1500) 
heights  have  to  creep  along  noiselessly,  not  daring  to  utter  a 
word,  lest  the  slightest  disturbance  c  f  the  atmosphere  will  bring 
upon  them  an  avilanche  |  that  will  bury  them  in  death.     ..." 
—Hon.  Roger  Q.  Mills.  (1531) 


42 


CRIME  ITS  OWN  DETECTER. 

].>5  KXTU.U'T    rUOM    AX    AKIiUMKXT    UY    DANIKL    WEIJSTER. 

words  A  GAINST  the  prisoner  at  the  bur,  as  an  individual,  I  can  not 
have  the  slightest  prejudice.  I  would  not  do  him  the 
smallest  injury  or  injustice.  |  But  I  do  not  affect  to  be  in- 
different to  the  discovery  and  the  punishment  of  this  deep  guilt. 
I  cheerfully  share  in  the  opprobrium,  how  ||  much  soever  it 
may  be,  which  is  cast  on  those  who  feel  and  manifest  an  anxious 
concern  that  all  who  had  a  part  in  planning,  j  or  a  hand  in 
executing,  this  deed  of  midnight  assassination,  may  be  brought 
to  answer  for  their  enormous  crime,  at  the  bar  of  public  justice,  f 
Gentlemen,  this  is  a  most  extraordinary  case.  In  some  re- 
spects, it  has  hardly  a  precedent  anywhere — certainly  none  in 
(125)  our  New  England  history.  An  aged  (1)  ...  man,  without  an  en- 
emy in  the  world,  in  his  own  house,  and  in  his  own  bed,  is  made 
the  victim  of  a  butcherous  murder,  for  |  mere  pay.  Deep  sleep 
had  fallen  on  the  destined  victim,  and  on  all  beneath  his  roof. 
A  healthful  old  man,  to  whom  sleep  was  sweet  ||  — the  first 
sound  slumbers  of  the  night  hold  him  to  their  soft  but  strong 
embrace. 

The  assassin  enters  through  the  window,  already  prepared, 
into  an  |  unoccupied  apartment;  with  noiseless  foot  he  paces  . 
the  lonely  hall,  half  lighted  by  the  moon  ;  he.winds  up  the  as- 
cent of  the  stairs,  and  reaches  the  f  door  of  the  chamber.  Of 
this  he  moves  the  lock,  by  soft  and  continued  pressure,  until  it 
(250)  turns  on  its  hinges,  and  he  enters  and  (2)  ...  beholds  his  victim 
hefore  him.  The  room  was  uncommonly  light.  The  face  of  the 
innocent  sleeper  was  turned  from  the  murderer,  and  the  beams 
of  |  the  moon,  resting  on  the  gray  locks  of  his  aged  temple, 
showed  him  where  to  strike.  The  fatal  blow  is  given,  and  the 
victim  passes,  ||  without  a  struggle  or  a  motion,  from  the  repose 
of  sleep  to  the  repose  of  death.  It  is  the  assassin's  purpose  to 
make  sure  work,  '•  and  he  yet  plies  the  dagger,  though  it  was  ob- 
vious that  life  has  been  destroyed  by  the  blow  of  the  bludgeon.  He 
even  raises  the  f  aged  arm,  that  he  may  not  fail  in  his  aim  at 
the  heart,  and  replaces  it  again  over  the  wound  of  the  poniard. 
(375)  To  finish  (3)  ...  the  picture,  he  explores  the  wrist  for  the  pul-e. 
He  feels  for  it,  and  ascertains  that  it  beats  no  longer.  It  is  ac- 


43 

complished;  the  deed  |  is  done.  He  retreats,  retraces  his  steps 
to  the  window,  passes  through  as  he  came  in,  and  escapes.  He 
has  done  the  murder ;  no  eye  has  seen  him,  no  ear  has  heard 
him ;  the  secret  is  his  own,  and  it  is  safe. 

Ah,  gentlemen,  that  was  a  dreadful  mistake.  Such  •  a  secret 
can  be  safe  nowhere.  The  whole  creation  of  God  has  neither 
nook  nor  corner,  where  the  guilty  can  bestow  it  and  say  it  f  is 
safe.  Not  to  speak  of  that  eye  which  glances  through  all  dis- 
guises, and  beholds  every  thing  as  in  the  splendor  of  noon — such 
secrets  of  (4)  ...  guilt  are  never  safe.  "  Murder  will  out."  True  (500) 
it  is  that  Providence  so  ordained,  and  doth  so  govern  things,  that 
those  who  break  the  great  |  law  of  Heaven,  by  shedding  man's 
blood,  seldom  succeed  in  avoiding  discovery.  Especially  in  a 
case  exciting  so  much  attention  as  this,  discovery  must,  and  ||  will 
come,  sooner  or  later.  A  thousand  eyes  turn  at  once  to  explore 
every  man,  every  thing,  every  circumstance,  connected  with  the 
time  and  place ;  •  a  thousand  ears  catch  every  whisper;  a  thous- 
and excited  minds  intently  dwell  on  the  scene,  shedding  all 
their  light,  and  ready  to  kindle  the  slightest  f  circumstance  into 
a  blaze  of  discovery.  Meantime,  the  guilty  soul  can  not  keep 
its  own  secret.  It  is  false  to  itself,  or  rather  it  feels  an  (5)  ...  ir-  (625) 
resistible  impulse  of  conscience;  it  labors  under  its  guilty  pos- 
session, and  knows  not  what  to  do  with  it.  The  human  heart 
was  not  made  for  |  the  residence  of  such  an  inhabitant ;  it  finds 
itself  preyed  on  by  a  torment  which  it  dares  not  acknowledge  to 
God  or  man.  A  vulture  ||  is  devouring  it,  and  it  asks  no  sym- 
pathy or  assistance  either  from  Heaven  or  earth.  The  secret 
which  the  murderer  possesses  soon  comes  to  possess  j  him,  and 
like  the  evil  spirit  of  which  we  read,  it  overcomes  him,  and  leads 
him  whithersoever  it  will.  He  feels  it  beating  at  his  f  heart, 
rising  to  his  throat  and  demanding  disclosure.  He  thinks  the 
whole  world  sees  it  in  his  face,  reads  it  in  his  eyes,  and  almost 
(it)  ...  hears  its  workings  in  the  very  silence  of  his  thoughts.  It  (750) 
has  become  his  master;  it  betrays  his  discretion  ;  it  breaks  down 
his  courage;  it  j  conquers  his  prudence.  When  suspicions  from 
without  begin  to  embarass  him,  and  the  net  of  circumstances  to 
entangle  him,  the  fatal  secret  struggles  with  still  ||  greater  vio- 
lence to  burst  forth.  It  must  be  confessed;  it  will*be  confessed; 
there  is  no' refuge  from  confession  but  in  suicide,  and  suicide  is 
•  confession.  (°-'J) 


44 


LIES  AND  LIARS. 

KXTRACTS    FROM  A  SERMON"    15 Y  REV.   T.   DEWITT    T.VLMAGE,   D.D. 

125  '"pHERE  are  ten  thousand  ways  of  telling  a  lie.  A  man's  en- 
tire life  may  be  a  falsehood,  while  with  his  lips  he  may  not 
minute  once  I  directly  falsify.  There  are  those  who  state  what  is  posi- 
tively untrue,  but  afterward  say  "  may  be  so,"  softly.  These  de- 
partures from  the  truth  are  called  ||  white  lies,  but  there  is  reallv 
no  such  thing  as  a  white  lie.  The  whitest  lie  that  ever  was  told 
was  as  black  &s  perdition.  •  There  are  men  high  in  church  and 
state,  actually  useful,  self-denying  and  honest  in  many  things, 
who,  upon  certain  subjects,  or  in  certain  spheres,  are  f  not  at  all 
to  be  depended  upon  for  veracity.  Indeed,  there  are  multitudes 
of  men  who  have  their  notions  of  truthfulness  so  thoroughly 
(125)  perverted  that  (1)  ...  they  do  not  know  when  they  are  ly- 
ing. 

The  air  of  the  city  is  filled  with  falsehoods.  They  hang  pend- 
ant from  the  chandeliers  of  our  |  merchant  princes.  They  fill 
the  sidewalk  from  curbstone  to  brown -stone  facing.  They 
cluster  around  the  mechanic's  hammer,  and  blossom  from  the 
end  of  ||  the  merchant's  yard-stick,  and  sit  in  the  doors  of  our 
churches.  .  .  . 

There  is  something  in  the  perpetual  presence  of  natural  ob 
jects  to  make  a  •  man  pure.  The  trees  never  issue  "  false  stock." 
Wheat-fields  are  always  honest.  Rye  and  oats  never  move  out 
in  the  night,  not  paying  for  f  the  place  they  have  occupied. 
Corn-shocks  never  make  false  assignments.  Mountain  brooks 
are  always  "  current."  The  gold  in  the  grain  is  never  counterfeit. 
(250)  The  (2)  ...  sunrise  never  flaunts  in  false  colors.  The  dew  sports 
only  genuine  diamonds.  Taking  farmers  as  a  class,  I  believe 
they  are  truthful  and  fair  in  |  dealing,  and  kind  hearted.  But 
the  regions  surrounding  our  cities  do  not  always  send  this  sort 
of  men  to  our  markets.  Day  by  day  there  ||  creep  into  our 
streets,  and  about  the  market-houses,  farm-wagons  that  have  not 
an  honest  spoke  in  their  wheels,  or  a  truthful  rivet  from  •  tongue 
to  tail-board.  Neither  high  taxes  nor  the  high  price  of  dry 
goods,  nor  the  exorbitancy  of  labor,  could  excuse  much  that  the 
city  f  has  witnessed  in  the  behavior  of  the  yeomanry. 

Rural  districts  are  accustomed  to  rail  at  great  cities  as  given 


45 

up  to  fraud  and  every  form  (3)  ...  of  unrighteousness;  but  our     (375) 
cities  do  not  absorb  all  the  abominations.     Our  citizens  have 
learned  the  importance  of  not  always  trusting  to  the  size  and  | 
style  of  apples  in  the  top  of  a  farmer's  barrel,  as  an  indication 
of  what  may  be  found  further  down.     Many  of  our  people  are  || 
accustomed  to  watch  to  see  how  correctly  a  bushel  of  potatoes  is 
measured,  and   there  are  not  many  honest  milk-cans.     Decep- 
tions do  not  all   •   cluster  around  city  halls.     When  all  cities  sit 
down  and  weep   over  their   sins,  all    the  surrounding  counties 
ought  to  come  in  and  weep  with  f  them      .     .     . 

A  merchant  can  to  the  last  item  be  thoroughly  honest.  There 
is  never  any  need  of  falsehood.  Yet,  how  many  will,  day  by 
day.  (4)  ...  hour  by  hour,  utter  what  they  know  to  be  wrong.  (500) 
You  say  you  are  selling  at  less  than  cost.  If  so,  then  it  is  right  | 
to  say  it.  But  did  that  thing  cost  you  less  than  what  you  asked 
for  it?  If  not,  then  you  have  lied.  You  say  that  ||  the  article 
cost  you  $25.  Did  it?  If  so,  then  all  right;  if  it  did  not,  then 
you  have  lied  Suppose  you  are  a  •  purchaser.  You  are  beat- 
ing down  the  goods.  You  say  ihat  that  article,  for  which  $5  is 
charged,  is  not  worth  more  than  $4.  f  Is  it  worth  no  more  than 
$4?  Then  all  right.  If  it  be  worth  more,  and  for  the  sake  of 
getting  it  at  less  than  (o)  ...  its  value,  you  willfully  depreciate  it,  (625) 
you  have  lied.  You  may  call  it  a  sharp  trade.  The  recording 
angel  writes  it  down  on  the  ponderous  |  tomes  of  eternity:  "  Mr. 
So-and-So,  merchant  on  Fulton  street,  or  Broadway,  or  Water 
street;  Mrs.  So-and-So,  keeping  house  on  the  heights,  or  the  || 
hill,  or  on  Madison  avenue,  or  Rittenhouse  square,  told  one  lie." 
You  may  consider  it  insignificant  because  relating  to  an  insignifi- 
cant purchase.  You  would  despise  |  the  man  who  would  falsify 
in  regard  to  some  great  matter  in  which  the  city  or  whole 
country  was  concerned;  but  this  is  only  a  f  box  of  buttons,  or  a 
row  of  pins,  or  a  case  of  needles.  Be  not  deceived.  The  article 
purchased  may  be  so  small  you  can  (6)  ...  put  it  in  your  vest  (750) 
pocket,  but  the  sin  was  bigger  than  the  pyramids,  and  the  echo 
of  the  dishonor  will  reverberate  through  all  the  |  mountains  of 
eternity. 

There  are  mechanics  whose  word  can  not  be  trusted  at  any 
time.  No  man  has  a  right  to  promise  more  than  he  can  ||  do. 
There  are  mechanics  who  say  they  will  come  on  Monday,  but 
they  do  not  come  until  Wednesday.  You  put  work  in  their 


46 

hands  that  |  they  tell  you  will  be  completed  in  ten  days,  but  it  is 
thirty.  There  have  been  hoti-es  built  <>f  which  it  might  be  said 
that  f  every  nail  driven,  every  i«nt  of  plastering. put  on,  every 
yard  of  pipe  laid,  every  shingle  hammered,  every  brick  mor- 
(875)  tered,  could  tell  of  a  falsehood  (7)  ...  connected  therewith. 
There  are  men  attempting  to  do  ten  or  fifteen  pieces  of  work 
who  have  not  the  time  or  strength  to  do  more  than  |  five  or  six 
pieces,  but  by  promises  never  fulfilled,  keep  all  the  undertakings 
within  their  o\vn  grasp.  This  is  what  they  call  "  nursing  tin- 
job."  ||  How  much  wrong  to  his  soul,  and  insult  to  God,  a  me- 
chanic would  save  if  he  promised  only  so  much  as  he  expected  to 
be  :  able  to  do.  . 

There  is  a  voice  of  thunder  rolling  among  the  drills  and  planes, 
and  shoe-lasts  and  shears,  which  says:  "All  liars  shall  j  have 
their  place  in  the  lake  that  burneth  with  tire  and  brimstone." 
1  next  notice  ecclesiastical  liars,  that  is,  falsehoods  told  for  the 
(1,000)  purpose  of  (8) ...  advancing  churches  and  sects,  or  for  the  purpose 
of  depleting  them.  There  is  no  use  in  asking  many  a  Calvinist 
what  an  Arminian  believes,  for  |  he  will  be  apt  to  tell  you  that  the 
Arminhn  believes  that  a  man  can  convert  himself;  or  to  ask  the 
Arminian  what  the  Calvinist  ||  believes,  for  he  will  tell  you  that 
the  Calvinist  believes  that  God  made  some  men  just  to  damn 
them.  There  is  no  need  of  asking  |  a  Pedobaptist  what  a  Baptist 
believes,  for  he  will  be  apt  to  say  that  the  Baptist  believes  im- 
mersion to  be  positively  necessary  to  salvation.  It  f  is  almost 
impossible  for  one  denomination  of  Christians,  without  prejudice 
or  misrepresentation,  to  state  the  sentiment  of  one  opposing 
(1,125)  sect.  If  a  man  hates  Presbyterians,  (9)  ...  and  you  ask  him 
what  Presbyterians  believe,  he  will  tell  you  that  they  belie\-<> 
that  there  are  infants  in  hell  a  span  long.  It  is  |  strange  how  in- 
dividual churches  will  sometimes  make  misstatements  about 
other  individual  churches  It  is  especially  so  in  regard  to  false- 
hoods told  with  reference  to  prosperous  ||  enterprises.  As  long 
as  a  church  is  feeble,  and  the  singing  is  discordant,  and  the  min- 
ister, through  the  poverty  of  the  church,  must  go  with  |  thread- 
bare coat,  and  here  and  there  a  worshiper  sits  in  the  end  of  a 
pew,  having  all  the  seat  to  himself,  religious  sympathizers  of 
other  j  churches  will  say,  "  What  a  pity." 

How  long  before  we  shall  learn  to  be  fair  in  our  religious  crit- 


47 

icism  ?      The  keenest  jealousies  on  earth  are  (10)  ...   church    (1,250) 
jealousies. 

The  field  of  Christian  work  is  so  large  that  there  is  no  need 
that  our  hoe-handles  hit.  May  God  extirpate  from  the  |  world 
ecclesiastical  lies,  commercial  lies,  mechanical  lies,  social  lies, 
and  agricultural  lies,  and  make  every  man  the  world  over  to 
speak  truth  with  his  neighbor.  ||  Let  us  all  strive  to  be  what  we 
appear  to  be,  and  banish  from  our  lives  everything  that  looks 
like  deception,  remembering  that  God  will  •  yet  reveal  to  the 
universe  what  we  really  are.  (1,334) 


CINCINNATI   SOUTHERN   RAILWAY   INVESTIGA- 
TION. 

TESTIMONY  TAKEN-  BEFORE  THE  COMMISSION  OP   THE   CINCINNATI  125 

SOUTHERN  RAILWAY,  NOVEMBER  22,  1878.  words 

A/TILES  GREENWOOD,  being  called,  was  duly  sworn  by  Mr.    m^lle. 
Kilbreth,  |  and  testified  as  follows  : 

Examined  by  Mr.  Kilbreth,  chairman  of  the  Commission. 

Q.  What  position  did  you  hold  on  the  Cincinnati  Southern 
Railway?  A.  Trustee.  I  ||  have  been  elected  Pi  esiderit. 

Q.  When  were  you  appointed  a  trustee?  A.  I  can  not 
tell  the  date.  A  reference  to  our  books  will  tell  you  more  | 
about  that  than  I  can. 

Q.  Were  you  a  resident  of  the  city  when  appointed  ?  A.I 
was  at  Avondale  when  appointed,  but  I  had  my  vote  f  here. 

Q.  What  were  your  expectations  as  to  your  compensation  at 
the  time  of  your  appointment?  A.  It  was  said  that  it  would 
be  what  it  was  (1)  ...  considered  worth,  more  or  less.  (125) 

Q.  Did  you,  before  that,  have  any  practical  experience  in  the 
construction  or  management  of  railways?  A.  No  ;  only  what 
Americans  learn  |  by  seeing  railroads,  knowing  what  the  work 
is,  and  being  acquainted  somewhat  with  machinery  and  its  at- 
tributes. 

Q.  Was  it  your  purpose,  when  appointed,  to  devote  ||  your 
entire  time  to  the  Cincinnati  Southern  Railway  ?  A.  So  far 
as  it  was  wanted. 

Q.     Were  you  at  the  time,  or  subsequently,  engaged  in  any 


48 

Other  |  business;  and  if  so,  what  ?  A.  Trying  to  manage  my 
own  business,  or  a  portion  of  it. 

Q.     What  business  was  that  ?         A.     Iron  founder. 

Q.  Did  it  consume  f  much  of  your  time?  A.  All  that 
was  not  wanted  here. 

Q.     Was  there  more  devoted  to  your  own  business  than   to 
(250)       this  business?        A.     At  the  commencement,  (2)  ...  do  you  mean, 
or  all  the  way  through  ? 

Q.  In  the  beginning,  or  the  neighborhood  of  the  beginning. 
A.  Oh,  I  have  spent  nights  here;  I  was  |  kept  here  seventy-two 
hours  one  time.  We  took  a  little  sleep,  and  came  back  early  in 
the  morning. 

Q.  What  part  did  you  take  in  ||  securing  legislation  in  Ohio, 
Kentucky,  and  Tennessee,  for  the  construction  of  the  Cincinnati 
Southern  Railway  ?  A.  I  went  up  to  Columbus,  I  think,  two 
or  th;ee  |  times;  to  Kentucky  arid  Tennessee,  none,  except  the 
influence  of  our  board  and  its  agents. 

Q.  Do  you  remember  how  many  different  lines  were  surveyed 
for  f  the  preliminary  engineering  work  there?  A.  No,  sir; 
we  went  over  a  good  deal  of  ground  to  find  the  right  hole  to  go 
(375)  through.  I  considered  (3)  ...  it  better  to  spend  five  hundred 
thousand  dollars  in  surveys,  than  to  put  down  a  million  dollars 
of  road  and  then  have  to  take  it  |  up.  It  is  better  to  do  so  than 
to  do  like  the  Baltimore  road,  run  on  it  for  thirty  years,  and 
then  have  to  take  ||  it  up. 

Q,  At  the  time  these  various  surveys  were  ordered,  had  you 
any  personal  knowledge  of  the  topography  of  the  country 
through  which  the  surveys  |  were  to  be  made?  A.  Only 
from  description. 

Q.  Among  the  several  lines  surveyed,  what  induced  the 
adoption  of  the  line  finally  selected  by  the  board?  A.  It  f 
was  nearly  straight,  by  our  engineer's  report,'and  the  best  route 
we  could  get  out  of  the  many  surveys. 

(500)  Q-      What  was  the  estimate  of  the  (4)  ...  board  as  to  the  total 

cost  of  the  construction  of  the  road  from  Cincinnati  to  Chatta- 
nooga? A.  Our  engineer,  I  believe,  made  it  twenty  millions, 
if  [  I  recollect  right. 

Q.  Was  your  adoption  of  the  line  selected,  and  the  b  ginning 
of  the  work,  contemplated  and  intended  to  bring  the  cost  within 
ten  1|  millions?  A.  It  was  all  nonsense  to  talk  about  having 


49 

the  legislature,  at  this  day  and  age,  fix  the  amount  to  be  put  into 
a  railway.  • 

Q.  And  that  was  your  idea  when  the  preliminary  surveys 
were  being  made?  A.  I  could  not  tell  any  thing  about  it* 
because  I  had  not  seen  the  f  ground  nor  the  profiles;  and  as  we 
were  all  novices  in  the  business,  we  had  to  depend  upon  our 
engineers. 

Q.    Then,  before  any  expenditures  were  (5). ..made,  you  did  not       (625) 
expect  the  road  to  be  built  for  as  little  as  ten  millions  ?       A.    No, 
sir;  particularly  where  there  were  four  large  rivers  |  to  cross,  and 
twenty-seven  tunnels  to  build. 

Q.  Had  you,  at  an/  time,  conveyed  to  any  tax-payer  the  idea 
that  ten  millions  would  complete  ||  the  road?  A.  Not  to  my 
knowledge. 

Q.     Can  you  tell  for  what  reason  the  ridge  route  was  selected, 
in  preference  to  the  Covington  and  Lexington  route?j        A.    Be- 
cause we  could   not  buy  the  other;  if  we  could  have  bought  it 
we  did  not  want  to  buy- a  lawsuit.     I  tried  for  f  a  while  to  get 
that  road,  but  could   not.     And  another  reason  is,  we  saved  a  * 
million  and  a  half  of  money  by  going  another  (6)  ...  route,  be-       (750) 
cause  we  cut  off  the  route  twenty  miles. 

Q.  Did  the  board  make  any  effort  to  purchase,  or  otherwise 
to  control  the  Kentucky  Central?  A.  We  |  made  an  offer, 
and  I  was  twelve  months  trying  to  get  it,  and  had  several  talks 
with  Mr.  Pendleton  about  it.  (796) 


T 


HE  following   story   illustrates  a  difficulty  into   which  the       125 
court  reporter  sometimes  finds  himself.     Its  truth fulne"    is     words 
vouched  for  by  the  reporter  who  took  down  |  the  charge  referred       Per 
to.     He  does  not  say  how  he  got  out  of  the  dilemma. 

Judge  Blank  was  noted  for  the  way  he  got  mixed  ||  in  his 
charges  to  the  jury.  On  one  occasion,  a  case  was  tried  before 
him,  the  points  of  which  may  be  briefly  stated  thus :  Smith  • 
brought  suit  against  Jones  upon  a  promissory  note  given  for  a 
horse.  Jones's  defense  was  "  failure  of  consideration,"  heaver- 
ring  that  at  the  time  off  the  purchase  the  horse  had  the  glan- 
ders, of  which  he  died,  and  that  Smith  knew  it.  Smith  replied 


50 

(125)  that  the  horse  did  not  have  the  (1)  ...  glanders,  but  the  distem 
per,  and  that  Jones  knew  it  when  he  bought.  The  judge 
charged  the  jury  as  follows: 

"Gentlemen  of  the  jury:  Pay  attention  |  to  the  charge  of  the 
court.  You  have  already  made  one  mis-trial  of  this  case.  You 
didn't  pay  attention  to  the  charge  of  the  court,  ||  and  I  don't 
want  you  to  do  it  again.  I  intend  to  mtke  it  so  clear  to  you 
this  time  that  you  cannot  possibly  make  •  any  mistake.  This 
suit  is  upon  a  note  given  for  a  promissory  horse.  1  hope  you 
understand  that.  Now,  if  you  find  that  at  the  f  time  of  the  sale 
Smith  had  the  glanders,  and  Jones  knew  it,  Jones  can  not  re- 

(250)  cover;  that's  clear.  Gentlemen,  I'll  state  it  again  :  If  (2)  ...you 
find  that  at  the  time  of  the  sale  Jones  had  the  distemper,  and 
Smith  knew  it,  then  Smith  cannot  possibly  recover.  But,  gentle- 
men, I'll  |  state  it  a  third  time,  so  that  you  can  not  possibly 
make  a  mistake:  If,  at  the  time  of  the  sale,  Smith  had  the 
glanders,  ||  and  Jones  had  the  distemper,  and  the  horse  knew  it, 
then  neither  Smith,  Jones,  nor  the  horse' can  recover!  Let  the 

(327)       record  be  given  to  •  the  jury." 


LORD  COLERIDGE  ON  THE  LAW  OF  LIBEL. 

125       \17HEX  the  case  of  Scott  vs.  Sampson  was  tried  before  Lord 
words  Coleridge,  at  Westminster,  in   1881,  there  were  some  im- 

?er,  portant  doctrines  of  the  law  of  |  libel  which  had  not  been  so 
firmly  established  upon  principle  and  authority  as  to  be  generally 
accepted  in  the  English  courts  without  discussion.  The  rulings  || 
in  that  case,  however,  which  have  been  confirmed  on  appeal,  put 
them  on  a  sure  foundation.  They  are  of  considerable  import- 
ance to  those  who  seek  •  redress  for  libel  through  a  civil  suit. 

It  appears  from  the  report  of  the  case  that  the  defendant,  who 
was  the  proprietor  of  a  weekly  f  paper  called  the  Referee,  had  pub- 
lished an  article  charging  the  plaintiff  with  having  extorted 
(125)  £500  from  Admiral  Glyn,  under  a  threat  of  publishing  (1)  ... 
facts  injurious  to  the  memory  of  Adelaide  Neilson,  the  deceased 
actress.  To  the  complaint  that  this  article  was  false  and  defam- 
atory the  defendant  answered  that  |  it  was  true  in  substance 
and  in  fact. 

At  the  trial  the  defendant  made  the  plaintiff  his  own  witness, 


51 

and  asked  him  if  he  had  ||  not  used  his  position  as  dramatic 
critic  for  the  Daily  Telegraph  to  annoy  the  actor  Vezin.  It  was 
urged  that  this  evidence  was  material  to  •  the  justification  of  de- 
fendant, as  showing  that  plaintiff  had  abused  his  position  as 
critic  for  other  purposes  than  that  of  extortion,  namely,  for  the 
purpose  f  of  spite  and  revenge.  Lord  Coleridge  ruled  that  the 
question  was  not  admissible  to  prove  justification  of  the  actual 
libel  complained  of. 

The  plaintiff  was  (2)  ...  also  asked  if  he  had  not  himself  pub-  (2"0) 
lished  libels  and  apologized  for  them,  and  if  he  had  not  taken 
criminal  proceedings  against  the  Hornet  and  |  then  stopped  them. 
These  questions  were  also  excluded,  and  on  the  application  for 
a  new  trial  they  were  held  to  be  properly  excluded,  on  the  || 
ground  that  the  defendant  was  thus  attempting  to  show  plaint- 
iff's general  bad  character  by  evidence  as  to  his  particular  acts. 

Another  of  the  defendant's  witnesses  •  was  asked  if  he  had 
not  heard  the  story  which  constituted  the  libel  before  he  saw  it 
in  the  Referee.  Lord  Coleridge  rejected  this  question,  f  and  was 
sustained  in  so  doing  on  appeal,  on  the  ground  that  it  was  not 
material  to  the  issue,  and  because  any  story  or  rumor  (3)  ...  of  (375) 
the  kind  might,  in  fact,  have  been  started  by  the  defendant 
himself. 

Now,  inasmuch  as  Lord  Coleridge  was  unanimously  sustained 
in  all  his  rulings  |  by  the  Judges  of  the  Queen's  Bench,  who 
heard  and  refused  the  application  for  a  new  trial,  it  may  be  said 
that  they  have  finally  ||  established  in  England  three  leading 
rules  of  evidence  applicable  to  cases  of  libel. 

First,  that  the  defendant  should  be  allowed  to  adduce  general 
evidence  of  |  the  plaintiff's  reputation,  if  by  his  pleadings  he 
has  informed  plaintiff  that  such  evidence  will  be  offered,  be- 
cause, to  state  the  case  broadly,  if  the  f  plaintiff's  reputation 
was  utterly  bad  before  libel  it  could  not  be  injured  by  it;  and 
also  because  the  admission  of  such  evidence  is  not  (4)  ...  a  hard-       (500) 
ship  to  plaintiff,  for  if  a  man  of  good  character  he  can  have  no 
difficulty  in  coming  into  court  with  his  friends,  prepared  to  | 
prove  his  good  reputation. 

Second,  that  evidence  by  defendant  of  rumors  to  the  same  ef- 
fect as  the  defamatory  matter  complained  of,  is  not  admissible, 
because,  ||  as  neatly  expressed  by  Mr.  Justice  Cave,  of  the  Ap- 
pellate Court:  "  To  admit  evidence  of  rumors  and  suspicions  is 


52 

to  give  any  one  who  knows  |  nothing  whatever  of  the  plaintiff 
or  who  may  even  have  a  grudge  against  him,  an  opportunity  of 
spreading,  through  the  means  of  the  publicity  attending  t  judi- 
cial proceedings,  what  he  may  have  picked  up  from  the  most 
disreputable  sources.  .  .  .  Unlike  evidence  of  general  repu- 

(625)  tation,  it  is  particularly  difficult  for  the  plaintiff  (5)  ...  to  meet 
and  rebut  such  evidence,  for  all  that  those  who  know  him  best 
can  say  is  that  they  have  not  heard  any  tiling  of  |  these  rumors." 
And  thirdly,  that  evidence  by  the  defendant  of  particular  acts 
of  the  plaintiff  is  not  admissible  for  the  purpose  of  proving  his 
general  ||  character;  because,  at  the  most,  such  evidence  tends 
to  prove  not  that  the  plaintiff  has  not,  but  that  he  ought  not  to 
have  a  good  •  reputation;  and  because,  to  admit  such  evidence 
is  to  throw  upon  the  plaintiff  the  difficulty  of  showing  a  uni- 
form propriety  of  conduct  during  his  whole  f  life. 

The  value  of  the  decision  in  this  case,  and   the  excellence  of 
the  opinions  which  present  the  reasons  for  it,  do  not  consist  so 

(750)  (6)  ...  much  in  any  original  discovery  of  truth,  as  in  bringing 
the  former  adjudications  to  the  test  of  settled  principles.  To 
gather  up  the  scattered  wisdom  |  of  the  past,  sift  out  its  mixture 
of  error,  and  shape  the  result  into  definite  and  available  forms, 
is  a  work  which  can  be  fully  ||  appreciated  only  by  those  who 
have  tried  to  do  it  for  themselves;  but  all  victims  of  defamation 
may  well  be  grateful  to  Lord  Coleridge  and  •  his  associates,  for 
drawing  so  just  a  distinction  between  rumor  and  reputation, 
and  for  declaring  that  one  who  is  seeking  redress  against  a  de- 
famer  shall  f  not  be  surprised  with  evidence  of  forgotten  events, 
nor  called  upon  to  show  that  his  whole  life  has  been  without  re- 
proach. (822) 


MURCHISON-WEST  CORRESPONDENCE. 

125        f'TMIE  following  letters — the  first  written  by  some  unknown 

words      L       person,  and  mailed  from  the  place  dated — were  first  pub- 

Per       lished  in  the  Los  Angeles,  Cal  ,  daily  |  papers,  five  weeks  later, 

and  thence  copied  by  all  the  political  papers  of  this  and  other 

countries.     Its  influence  was  disastrous  to  the  administration 

party.  ||     Every  effort  was  made   to   discover  the   identity  of 


53 

"Murchison,"  but  in  vain.  Under  intimations  of  dismissal  by 
the  President,  Lord  Sackvilie  West  was  called  •  home  for  his 
"indiscretion"  in  being  entrapped  by  an  unprincipled  politi- 
cian.] 

POMONA,  CAL.,  September  4,  1888. 
To  the  British  Minister,  Washington,  D.  G.  f 

SIR: — The  gravity  of  the  political  situation  here  and  the  duties 
of  those  voters  who  are  of  English  birth,  but  still  consider  Eng-       (125) 
land  their  motherland,  (1)  ...  constitute  the  apology  I  hereby 
offer  for  intruding  for  information. 

Mr.  Cleveland's  message  to  Congress  on  the  Fisheries  question 
justly  excites  our  alarm,  and  compels  |  us  to  seek  further  knowl- 
edge before  finally  casting  our  votes  for  him  as  we  had  intended 
to  do.  Many  English  citizens  have  for  years  refrained  ||  from 
being  naturalized,  as  they  thought  no  good  would  accrue  from 
the  act,  but  Mr.  Cleveland's  administration  has  been  so  favorable 
and  friendly  toward  England,  •  so  kind  in  not  enforcing  the 
Retaliatory  Act  passed  by  Congress,  so  sound  on  the  free  trade 
question,  and  so  hostile  to  the  dynamite  school  f  of  Ireland,  that 
by  hundreds — yes,  by  thousands — they  have  become  naturalized 
for  the  express  purpose  of  helping  to  elect  over  again  one  above 
all  (2)  ...  of  American  politicians,  whom  they  consider  their  own  (250) 
and  their  country's  best  friend. 

I  am  one  of  those  unfortunates.     With  a  right  to  vote  for  | 
President  in  November,  I  am  unable  to  understand  for  whom  I 
shall  cast  my  ballot,  when  but  one  month  ago  I  was  sure  Mr. 
Cleveland  ||  was  the  man. 

If  Mr.  Cleveland  is  pursuing  a  new  policy  toward  Canada  tem- 
porarily only,  and  for  the  sake  of  obtaining  popularity  and  con- 
tinuation of  •  his  office  four  years  more,  but  intends  to  cease  his 
policy  when  his  re-election  is  secured  in  November,  and  again 
favor  England's  interests,  then  I  f  should  have  no  further  doubts 
but  go  forward  and  vote  for  him. 

I  know  of  no  one  better  able  to  direct  me  than  you,  sir,  (3)  ...  (375) 
and  I  most  respectfully  ask  your  advice  in  the  matter.  1  will 
further  add  that  the  two  men,  Mr.  Cleveland  and  Mr.  Harrison, 
are  very  |  evenly  matched,  and  a  few  votes  may  elect  either  one. 
Mr.  Harrison  is  a  high-tariff  man,  a  believer  in  the  American 
side  of  all  ||  questions,  and  undoubtedly  an  enemy  to  British  in- 


54 

terests  generally.  This  state  is  evenly  divided  between  the  two 
parties,  and  a  mere  handful  of  our  naturalized  •  countrymen  can 
turn  it  either  way. 

When  it  is  remembered  that  a  small  state  (Colorado)  defeated 
Mr.  Tilden  in  187G,  and  elected  Hayes,  the  f  Republican,  the 
importance  of  California  is  at  once  apparent  to  all.  As  you  are 
at  the  fountain-head  of  knowledge  on  the  question,  and  know 

(500)  (4)  ...  whether  Mr.  Cleveland's  present  policy  is  temporary  only, 
and  whether  he  will,  as  soon  as  he  secures  another  term  of  four 
years  in  the  presidency,  |  suspend  it  for  one  of  friendship  and 
free  trade,!  apply  to  you  privately  and  confidentially  for  inform- 
ation which  shall  in  turn  be  treated  as  ||  entirely  secret.  Such 
information  would  put  me  at  rest  myself,  and,  if  favorable  to  Mr. 
Cleveland,  enable  me,  on  my  own  responsibility,  to  assure  many  j 
of  our  countrymen  that  they  would  do  England  a  service  by  vot- 
ing  for  Mr.  Cleveland  and  against  the  Republican  system  of 
tariff 

As  I  have  f  before  observed,  we  know  not  what  to  do,  but  look 
for  more  light  on  a  mysterious  subject  which,  the  sooner  it  comes, 

(625)       will  better  serve  (6)  ...  true  Englishmen  in  casting  their  votes. 

Yours,  very  respectfully, 

CHARLES  F.  MURCHISON. 

Following  is  the  British  Minister' s'now  famous  reply: 

Private. 

BEVEKLY,  MASS.,  September  13,  |  1888. 

SIR: — I  am  in  receipt  of  your  letter  of  the  4th  inst.,  and  beg 
to  say  that  I  fully  appreciate  the  difficulty  in  ||  which  you  find 
yourself  in  casting  your  vote.  You  are  probably  aware  that  any 
political  party  which  openly  favored  the  Mother  Country  at  the 
present  •  moment  would  lose  popularity,  and  that  the  party  in 
power  is  fully  aware  of  this  .fact.  That  party,  however,  is,  I  be- 
lieve, still  desirous  of  f  maintaining  friendly  relations  with 
Great  Britain,  and  is  still  as  desirous  of  settling  all  the  questions 
with  Canada,  which  have  been  unfortunately  re-opened  since 
(750)  *ne  (6)  ...  rejection  of  the  treaty  by  the  Republican  majority  in 
the  Senate,  and  the  President's  message  to  which  you  allude. 
Allowance  must,  therefore,  be  made  for  |  the  political  situation, 
as  regards  the  presidential  election,  thus  created. 


55 


It  is,  however,  plainly  impossible  to  predict  the  course  which 
President  Cleveland  may  pursue  in  the  ||  matter  of  retaliation 
should  he  be  elected;  but  there  is  every  reason  to  believe  that, 
while  upholding  the  position  he  has  taken,  he  will  manifest  • 
a  spirit  of  conciliation  in  dealing  with  the  questions  involved  in 
his  message.  I  inclose  an  article  from  the  New  York  Times,  of 
August  22d,  f 

And  remafn,  yours  faithfully, 

L.  S.  SACKVILLE  WEST. 


(858) 


ABOUT  THE  GIRL  AMANUENSIS. 

CHE  has  come  to  stay.  Let  us  accept  her  as  a  fact,  and  treat  her 
like  a  man.  She  deserves  it,  and  will  thank  us  |  for  it. 
When  I  say,  "  treat  her  like  a  man,"  I  mean,  hire  her  to  do  her 
work,  expect  her  to  do  it,  and  pay  \\  her  for  it.  I  mean,  also,  that 
being  a  girl  should,  not  absolve  her  from  duty,  nor  subject  her  to 
petty  exceptions  that  destroy  her  •  usefulness  and  keep  her 
from  seeing  and  doing  things  that  are  to  her  advantage.  This  is 
the  girl  to  whom  I  would  like  to  address  f  a  few  sober  hints. 

First,  it  is  necessary  for  you  to  understand  what  it  is  to  be  nec- 
essary to  somebody — not  as  a  friend,  or  (1)  ...  a  possible  wife — 
but  as  a  helper,  a  co-worker.  You  will  thus  see  how  much  larger 
and  fuller  your  life  will  be  by  having  a  |  hand  in  things  that 
must  be  done.  This  mysterious  world  of  ''business,"  that  has 
seemed  to  you  so  vague,  and  yet  so  portentous,  is  about  ||  to 
open  to  you,  and  you  are  to  be  intrusted  with  matters  of  grave 
importance — with  confidential  matters,  even  such  as  you  are  ex- 
pected to  •  repeat  to  nobody — such  as  you  are  not  even  to  think 
of  again  after  the  office  door  is  shut  behind  you.  And  for  these 
services  f  you  are  to  receive  a  compensation — enough,  possibly, 
to  pay  your  board  and  buy  y<?ur  clothing.  In  short,  you  are  go- 
ing to  take  care  of  (2)  ...  yourself,  and  will  not  be  forced  to  ex- 
pend your  energies  and  waste  your  time  angling  for  a  husband 
whom  you  do  not  want. 

Next,  let  me  |  enumerate  a  few  of  the  qualifications  for  such 
duties:  To  be  an  acceptable  amanuensis,  you  must  (1),  be  an  ex- 
pert writer  of  shorthand;  (2),  an  ||  expert  operator  on  the  type- 


125 
words 

per 
minute. 


(125) 


(250) 


56 

writer;  (3),  a  fair  penman;  (4).  a  good  English  scholar;  and  (5), 
a  good  girl.  Perhaps  you  think  the  last  requirement  •  the  easi- 
est, and  so  it  is — to  be  a  good  girl.  In  homely  phrase,  you  must  be 
just  that  kind  of  a  girl  whom  people  like  f  to  "  have  around." 
There  is  no  objection  to  your  being  pretty — if  you  can't  help  it; 
(375)  but  if  you  should  happen  to  be  pretty,  don't  (3)  ...  presume  on 
your  good  looks,  nor  imagine  that  they  will  in  any  way  atone  for 
your  short-comings.  A  sweet  smile  from  a  bright  face  |  delights 
any  man  of  sense;  but,  if  there  is  nothing  behind  it,  it  does  not 
go  far.  It  is  every  girl's  privilege — it  ought  never  ||  to  bespoken 
of  as  a  duty — to  dress  becomingly.  The  girl  amanuensis  is 
dressed  becomingly  when  she  is  dressed  appropriately  to  her 
business;  and  •  to  be  thus  dressed  need  not  detract  a  single 
charm  from  her  loveliness.  It  is  begging  the  question  to  say 
that  a  girl  should  be  f  neat,  both  in  her  attire  and  in  her  per- 
son ;  that  her  hands  should  be  clean,  her  finger-nails  well  trim- 

(50  )  med,  her  hair  properly  arranged,  her  (4)  ...  teeth  clean  and  white 
and  her  breath  sweet. 

The  girl  amanuensis  need  never  be  a  nuisance;  she  should 
make  herself  as  welcome  and  desirable  in  |  h'er  business  as  she 
is  at  home  or  in  society.  To  do  this  she  has  only  to  be  helpful ; 
and  to  be  helpful  is  not  ||  to  be  unpleasantly  aggressive,  nor  to  be 
over-anxious  and  fidgety.  Least  of  all  is  it  to  be  "  standing 
around,"  like  a  super-servicable  clown  \  in  the  circus.  The 
young  lady  who  speaks  in  a  high  key,  who  slams  doors  after  her, 
and  advertises  her  coming  and  going  by  the  f  ringing  of  bells  or 
the  blowing  of  whistles,  might  pass  for  a  weak  imitation  of  a  lo- 

(625)  comotive,  but  she  would  in  no  wise  impress  one  as  (5)  ...  being 
a  good  office  companion,  or  an  effective  worker.  The  best  work 
is  that  which  is  done  with  the  clearest  understanding  and  the 
least  fuss.  |  To  do  things  without  seeming  to  do  them,  and  to 
attract  attention  through  things  accomplished  rather  than 
through  the  mechanism  by  which  they  are  accomplished,  ||  is  the 
secret  of  acceptableness.  • 

But  the  girl  amanuensis  I  have  in  my  mind  is  more  than  a 
mere  worker  for  wages.  She  is  a  •  benefactor  to  the  world,  and 
especially  to  that  part  of  it  to  which  she  belongs.  Every  girl 
who  does  her  full  duty  makes  it  easier  f  for  every  other  girl  who 
wishes  to  do  her's.  The  prejudice  that  exisN  against  employing 
girls  in  confidential  and  remunerative  positions,  can  be  removed 


57 

only  (6)  ...  by  the  girls  themselves;  and  they  can  do  it  wholly  (750) 
and  completely.  There  is  a  growing  impression  that  the  advent 
of  girls  into  business  offices  |  is  in  many  ways  advantageous. 
They  bring  with  them  order  and  refinement,  banish  tobacco 
smoke  and  profanity,  and  set  an  example  of  regularity  and  de- 
cency. ||  A  sensible  girl  can  usually  hold  her  place  against  all 
competitors,  because  she  will  make  herself  felt  as  a  necessary 
part  of  the  work.  If  •  things  get  out  of  place,  she  is  the  first  to 
put  them  in  place.  If  a  paper  is  missing,  she  is  the  one  who 
will  •)•  remember  to  have  seen  it,  and  will  know  just  where  to 
put  her  hands  upon  it.  If  information  is  wanted  concerning 
any  letter  that  has  (7)  ...  been  received,  or  any  letter  that  has1  (875) 
been  sent  out,  her  active  memory  will  supply  it  at  once.  If  she 
should  find  her  time  not  |  fully  occupied  with  prescribed  duties, 
she  will  not  on  that  account  think  it  necessary  to  "  hang  around," 
or  to  gossip  with  her  neighbors,  or  to  ||  finish  the  last  novel;  but 
her  quick  eye  and  acute  sense  will  help  her  to  see  something 
that  should  be  done.  And  she  will  do  j  it;  not  ostentatiously, 
nor  with  a  show  of  reluctance,  but  naturally  and  with  a  quiet- 
ness of  manner  that  will  attract  no  attention,  nor  advertise 
the  -'[-  fact  that  she  is  not  paid  for  doing  it. 

It  may  be  said,  "  the  more  you  do  for  people  the  more  you 
will  have  to  (8)  ...  do,  and  so  the  only  way  is  never  to  do  your  (1,000) 
best."  My  answer  is,  never,  if  you  can  avoid  it,  work  for  unrea- 
sonable people;  |  but  whether  your  employer  be  reasonable  or 
unreasonable,  whether  your  wages  be  large  or  small,  always  do 
your  best.  For,  after  all,  you  are  your  ||  own  employer,  and  the 
one  above  all  others  whom  you  must  satisfy;  and  you  can  never, 
or  ought  never  to,  satisfy  yourself  with  any  thing  short  •  of  the 
best. 

I  have  intentionally  omitted  to  express  any  thoughts  I  may 
have  as  to  the  duties  of  employers;  and  will  only  say,  in  f  clos- 
ing, that  nothing  can  be  lost,  and  much  will  be  gained,  by  taking 
a  practical  view  of  the  matter  of  working  for  wages.  It  is  (9)  ...  n  125) 
not  necessary  that  we  should  condone  the  greed  of  employers, 
or  submit  to  unreasonable  exactions;  but,  after  all,  we  must  take 
the  world  greatly  as  |  we  find  it,  and  seek  to  make  it  better  by 
d  »ing  our  duty  in  it.  We  need  not  be  indifferent  as  to  compen- 
sation, nor  foolishly  |[  tolerant  of  low  wages;  but  the  way  to  se- 


58 

cure  higher  wages  is  not  to  complain  of  the  cupidity  of  employ 
ers,  but  to  make  our  services  •  worth  something — indispensable 
if  we  can — and  then  demand  what  they  are  worth.  This  a  girl 
can  do  as  well  as  a  man,  and  the  knowledge  f  of  this  fact  should 
make  her  modest  as  well  as  self-reliant,  and  give  to  her  labor  a 
1,250)  self-satisfactory  dignity  that  places  her  at  (10)  ...  once  in  har- 
mony with  herself  and  the  world. — S.  S.  Packard,  in  the  Pho. 
World. 


CHARLES  SUMNEK  AS  MAN  AND  STATESMAN. 

X 

125         pHERE  was  in  Charles  Sumner,  as  a  public  man,  a  peculiar 

words  power   of    fascination.      It    acted   much    through   his   elo- 

?e>.      quence,  but  not  through  his  eloquence  |  alone.     There  was  still 

another  source  from  which  that  fascination  sprang.     Behind  all 

he  said  and  did  there  stood  a  grand   manhood,   which   never 

failed  ||  to  make  itself  felt.     What  a  figure  he  was,  with  his  tall 

and  stalwart  frame,  his  manly   face,  topped  with   his  shaggy 

locks,  his  noble  bearing,  the  finest  type  of  American  senatorship, 

the  tallest  oak  •  of  the  forest ! 

And  how  small  they  appeared  by  his  side,  the  common  run  of 
politicians,  who  spend  their  days  with  the  laying  of  pipe,  f  and 
the  setting  up  of  pins,  and  the  pulling  of  wires;  who  barter  an 
( 125)  office  to  secure  this  vote,  and  procure  a  contract  to  get  ( 1 )  ...  that ; 
who  stand  always  with  their  ears  to  the  wind  to  hear  how  the 
administration  sneezes,  and  what  their  constituents  whisper,  in 
mortal  trepidation  lest  |  they  fail  in  being  all  things  to  every- 
body ! 

How  he  stood  among  them!  he  whose  very  presence  made  you 
forget  the  vulgarities  of  political  life  ||  who  dared  to  differ 
with  any  man  ever  so  powerful,  any  multitude  ever  so  numerous; 
who  regarded  party  as  nothing  but  a  means  for  higher  j  ends, 
and  for  those  ends  defied  its  power;  to  whom  the  arts  of  dem- 
agogism  were  so  contemptible  that  he  would  rather  have  sunk 
into  obscurity  f  and  oblivion  than  descend  to  them;  to  whom 
the  dignity  of  his  office  was  so  sacred  that  he  would  not  even 
(250)  ask  for  it  for  (2)  ...  fear  of  darkening  its  luster  I — Carl  Schurz: 


69 


PROHIBITION  NECESSARY  TO  TOTAL  ABSTI- 
NENCE. 

T  F  total  abstinence  from  intoxicating  drinks  were  not  a  wise      150 
policy  for  the  individual,  it  would  be  impossible  to  show  that     WOT('S 
prohibition  of  the  liquor  |  traffic  is  a  wise  policy  for  the  State.    m{nufe 
The  life  assurance  societies,  however,  have  demonstrated  that 
the  total  abstainer  has  at  least  a  third  better  ||  chance  for  long 
life  than  the  moderate  drinker.     The  question  as  to  the  advisa- 
bility of  total  abstinence  is  a  closed  issue.     It  is  no  longer  |  in 
debate  among  enlightened  men.     For  nearly  half  a  century  life 
assurance  societies  in  Great  Britain,  Australia,  Canada  and  the 
United  States  have,  many  of  f  them,  been  accustomed  to  insure 
total  abstainers  in  one  section  and  moderate  drinkers  in  another. 
The  result  has  been  that  a  bonus,  a  premium  of  J  15,  20,  and 
sometimes  23  and  25  per  cent,  has  been  paid  to  the  total  absti- 
nence section  in  contrast  with  the  other.     Recent  laws  in  (1)  ...       (150) 
a  majority  of  the  states  of  the  Republic  require  that  instruction 
in  the  latest  inculcations  of  science  in  regard  to  temperance 
shall  be  given  in  |  the  common   schools  on   penalty  of  a  with- 
drawal of  the  public  funds.     All  the  approved  text-books  for  this 
instruction  inculcate  total  abstinence. 

With  any  ||  political  measure  less  stern  than  prohibition  the 
chief  mischiefs  of  the  liquor  traffic  fail  of  correction.  Centuries 
of  experience  have  proved  that  license,  high  or  |  low,  is  power- 
less as  a  remedy.  Whisky  syndicates  all  over  the  land  clamor 
for  high  license  in  preference  to  prohibition.  The  income  which 
the  state  f  receives  from  high  license  entrenches  the  traffic  be- 
hind the  cupidity  of  tax-payers,  and  so  hinders  prohibition  and 
makes  the  population  at  large  a  participator  J  in  the  profits  of 
an  infamous  business.  High  license  gilds  the  saloon.  It  trans- 
forms the  gin-hole  into  the  gin-palace.  It  tends  to  produce  (2)  ...  (300) 
a  combination  of  the  liquor  saloon,  the  gambling  hell,  and  the 
brothel,  under  one  roof  in  each  establishment.  As  Ilerrick 
Johnson  has  said:  "Low  license  |  asks  for  your  son  ;  high  license 
for  your  daughter  also."  All  license  of  the  liquor  traffic  means 
state  permission  to  a  man,  for  a  consideration,  ||  to  poison  his 
neighbors  and  manufacture  drunkards,  paupers,  criminals,  taxes. 
ruined  homes,  and  lost  souls. 


60 

If  the  liquor  traffic  becomes  a  public  menace,  its  suppression  • 
becomes  a  public  necessity.  No  doubt  it  injures  the  Republic 
now  every  year  more  than  slavery  did  one  year  before  the  war. 
As  far  -j-  as  the  liquor  traffic  does  harm,  so  far  its  suppression 
would  do  good.  It  is  the  notorious  testimony  of  statisticians, 
judges,  publicists  and  competent  observers  f  of  every  class,  that 
it  is  the  direct  or  indirect  cause  of  seven-tenths  of  the  pauper- 

(450)  ism  and  crime  of  Anglo-Saxon  nations.  According  to  (3)  ...  Mr. 
Gladstone,  intemperance  has  injured  those  nations  worse  than 
war,  pestilence  and  famine.  As  total  abstinence  is  a  wise  policy 
for  the  individual,  and  as  |  any  measure  less  stern  than  prohi- 
bition is  ineffective  in  correcting  the  mischiefs  of  the  liquor  traf- 
fic, the  wisdom  of  prohibition  is  as  evident  as  that  ||  of  curing 
the  pauperism,  crime  and  political  corruption  which  the  liquor 
traffic  causes. 

Prohibition  of  the  liquor  traffic  on  Sundays  is  now  mandatory 
in  every  •  state  and  territory  of  the  Republic.  The  reasons 
which  make  prohibition  a  wise  policy  on  Sundays  make  it  such 
on  all  other  days  of  the  f  week.  The  Supreme  Court  of  the 
United  States  has  recently  affirmed  the  complete  constitution- 
ality of  the  principle  of  prohibition, 

All  the  churches  of  the  country  J  except  the  Roman  Catholic 
and  the  Protestant  Episcopal,  have  declared  themselves  in  favor 
of  prohibition.  The  Methodist  church  teaches  that  the  liquor 

(600)  traffic  can  never  (4)  ...  be  legalized  without  sin.  The  Presbyte- 
rian church  refuses  church-membership  to  rum-sellers. 

A  drunken  people  can  not  be  a  free  people.  Under  universal 
suffrage,  prohibition  |  is  a  political  necessity,  because  without  it 
the  liquor  traffic,  as  experience  indicates,  is  sure  to  become  a 
predominant  power  in  municipal,  state  and  national  |J  politics. 
Every  political  party  that  is  afraid  to  offend  the  whisky  vote  is 
in  bondage  to  the  saloon.  But  the  sovereignty  of  the  saloon  in  • 
great  cities  is  the  sovereignty  of  the  slums.  Until  prohibition 
succeeds,  average  municipal  politics  will  be  kept  in  bondage  to 
the  criminal  classes.  When  f  the  path  to  political  preferment 
leads  through  the  gin-mills,  free  government  is  a  farce,  and  its 
future  is  likely  to  be  a  tragedy. 

To  |  be  successful  in  the  United  States,  the  suppression  of  the 
liquor  traffic  must  be  political  and  national.  Only  the  arm  of 

(750)       the  National  Government  will  be  (5)  ...  strong  enough  to  break 


61 

up  the  whisky  ring.  It  is  a  great  advantage  to  secure  prohibi 
tion  in  single  states;  but,  unless  the  Nation  forbids  |  inter-state 
commerce  in  liquor  and  ceases  to  be  a  partner  in  its  manufact- 
ure, and  destroys  the  traffic  in  the  territories'and  other  quarters 
under  ||  national  control,  that  advantage  is  largely  lost.  The 
perils  of  the  future  will  make  prohibition  prohibit.  Political 
necessity  overthrew  slavery.  Political  necessity  will  yet  make  • 
the  liquor  traffic  an  outlaw  by  both  state  and  national  enact- 
ment. The  sovereignty  of  the  saloon  is  incompatible  with  the 
safety  of  popular  government,  f  A  Nation  that  would  not  sub- 
mit to  the  South  in  the  saddle  will  not  permanently  submit  to 
the  saloon  in  the  saddle.  J  — Joseph  Cook,  in  North  American  Re-  (875) 
view. 


HON.  THOS.  R.  REED  ON  THE  ISSUE  OF  1888. 

EXTRACTS  FROM  A  SPEECH  AT  Los  ANGELES,  CAL. 

"TOURING  the  last  five  and  twenty  years  the  people  of  this  au-      J^Q 
dience  must  have  noticed  that  at  every  great  presidential     woods 
.election  there  was  always  some  |  question  which  singled  itself       per 
out — came  to  the  front — brushed  all  others  aside — and  insisted   minu^e- 
upon  immediate  decision.     We  have  decided  in  that  way,  not  || 
only  the  question  of  freedom  in  the  territories,  not  only  the 
question  of  the  preservation  of  the  Union,  but  the  question  of 
the  successful  |  prosecution  of  the  war  to  a  victorious  close,  the 
question  of  the  payment  of  the  bonds,  and  the  question  of  cur- 
rency.    And  you  will  undoubtedly  f  have  noticed  that  every 
time  one  of  those  questions  was  up,  not  only  all  the  "bad  poll. 
ticians,"  but  some  good,  honest  men,  have  said,  "  This  J  question 
is  not  really  up." 

In  the  early  stages  they  said  there  was  no  question  of  human 
freedom — only  a  question  of  giving  our  Southern  (J)  ...  brother  n^oi 
his  constitutional  right.  And  yet,  my  friends,  had  those  honest 
and  misguided  friends  been  listened  to,  this  country,  instead  of 
being,  thank  God,  all  |  free,  might  have  been  all  slaves.  So,  to- 
day, there  are  many  good,  honest  men,  who  are  telling  us 
that  the  question  that  is  up  is  ||  not  really  up.  They  are  trying 
to  push  it  aside,  and  trying  to  flank  it.  But,  let  me  tell  you 


62 

here,  and  I  tell  it  •  under  solemn  responsibility,  that  at  the  close 
of  the  election  on  November  6th,  you  will  find  that  in  some 
things  besides  religion,  if  you  have  f  not  been  on  the  Lord's  side 
you  have  been  on*  the  other  side. 

Perhaps  I  can  aid  your  decision  in  regard  to  this  question  by  J 
answering  a  query  which  I  have  no  doubt  has  occurred  to  every 
man  and  woman  of  this  audience.  And  that  is,  why  is  it  that 

(300)  (2)  ...  on  this  new  question,  which  has  thus  pushed  itself  to  the 
front,  the  Republican  party  is  on  one  side  and  the  Democratic 
party  is  on  |  the  other?  Why  is  it  that  the  Republican  party  is 
on  the  side  of  protection,  and  the  Democratic  party  on  the  side 
of  free  trade?  ||  A  glance,  first  at  a  principle,  and  second  at  his- 
tory, will  dispose  of  the  whole  matter. 

The  principle  is  that  every  party  is  governed  by  j  its  majority. 
In  parties,  as  well  as  at  elections,  majorities  control;  and  in  par- 
ties, unlike  elections,  the  majority  always  gets  counted. 

Now,  for  a  glance  f  at  history.  Every  man  and  woman  in  this 
audience  knows  that  the  great  bulk  of  the  Democratic  party  is 
from  the  South.  I  do  not  J  mention  it  for  the  purpose  of  arous- 
ing prejudices  or  starting  feeling.  I  state  it  simply  as  a  historic 

(450)  foot,  and  I  use  the  term  South  (3)  ...  simply  as  a  convenient 
geographical  designation.  Before  the  war  the  South  had  a  coars-e 
kind  of  labor,  consisting  solely  of  brawn  and  muscle;  for  mind  | 
is  impossible  in  the  condition  of  slavery.  Therefore  the  South- 
ern statesmen  said :  "  The  true  path  toward  wealth  for  us  is  to 
apply  our  coarse  labor  ||  to  a  coarse  kind  of  work.  Let  us  culti- 
vate the  cotton  plant,  and  send  its  product  beyond  the  seas  to  be 
manufactured,  and  content  ourselves  •  with  purchasing  what  we 
can  buy  from  the  results." 

Now,  I  do  not  say  that  those  Southern  statesmen  are  wrong,  but 
I  do  say  that  -j-  it  was  fortunate  for  this  country  that  it  was  inhab- 
ited, also,  by  another  set  of  men.  The  men  that  inhabited  the 
region  which,  to-day,  stretches  J  from  New  England  and  the  Jer- 
sey coast  to  California  and  the  Pacific,  were  a  class  who  had 
something  besides  brawn  and  muscle,  without  intellect,  without 

(600)  (4)  ...  intelligence,  without  skill,  without  knowledge,  without 
learning,  without  wisdom.  These  men  said:  "The  true  path  to- 
ward wealth  for  us  is  to  utilize,  not  merely  our  |  brawn  and 
muscle,  but  our  brains;  not  merely  the  physical  characteristics, 
but  the  characteristics  of  soul,  our  skill,  our  intelligence,  our 


63 

knowledge,  our  inventive  faculty ;  ||  and,  therefore,  we  must  es- 
tablish a  system  whereby  every  article  of  convenience  or  of  lux- 
ury which  is  needed  by  the  American  people  shall  be  manufact- 
ured •  by  the  American  people  within  their  own  borders." 

And  the  result  has  been  that  today  that  belt  of  territory 
stretching  between  the  two  oceans  is  •)•  inhabited  by  a  race  of 
men  which  have  in  intelligence,  in  skill,  in  mental  power,  in 
wealth  and  prosperity,  no  equals  or  parallels  any-where  on  J 
God's  green  earth.  In  that  belt  of  empire  is  to  be  found  the 
great  majority  of  the  Republican  party.  .  .  . 

But,  after  all,  my  friends,  free  (5)  ...  trade  is  not  a  word  of  re.  (750) 
proach;  it  is  a  system  of  doing  business.  Free  trade  is  not  an 
opprobrious  term;  it  is  a  system  |  of  laws.  And  free  trade 
would  do  this  country  just  as  much  harm,  and  just  as  much 
good,  if  it  was  labeled  ''revenue  reform,"  as  ||  if  it  had  its  own 
name. 

What  is  the  essence  of  free  trade  ?  It  is  the  belief,  honestly 
entertained,  that  every  consumer  pays  precisely  the  •  tariff  tax 
on  the  imported  article,  and  the  like  enhanced  sum  on  every 
article  of  domestic  product,  which  is  the  result  of  protection. 
Now,  did  f  you  ever  hear  any  free  trade  professor,  any  free  trade 
secretary  of  a  club,  bring  a  more  railing  accusation  against  pro- 
tection than  that?  Isn't  that  J  the  sum  of  all  the  villainies  that 
were  ever  charged  on  him  ?  And  yet,  what  does  it  mean  if  it  is 
true?  Why,  it  moans  (6)  ...  that  for  every  dollar  that  is  col-  (900) 
lected  into  the  treasury  out  of  our  pockets,  five  or  ten  other  dol- 
lars go  into  the  pockets  of  these  |  wicked  manufacturers;  and 
inasmuch  as  we  manufacture  thirty-five  hundred  millions  of  dol- 
lars worth  of  protected  goods  every  year,  it  means  at  least  a 
thousand  ||  millions  of  dollars  flung  out  of  the  window.  .  .  . 

My  friends,  if  there  is  any  people  on  the  face  of  the  earth 
that  is  interested  in  |  the  prosperity  of  this  country,  it  is 
the  people  of  California.  You  have  got  an  empire  that  is 
not  only  growing,  but  that  is  destined  f  to  be  the  mightiest  of 
the  Union.  You  have  been  able,  and  I  have  seen  it  with  my 
own  eyes,  to  produce  the  most  wonderful  $;  results  of  any  thing 
on  earth.  But  what  is  the  good  of  your  production  if  you  can 
not  sell  it?  What  is  the  good  of  raising  your  (7)  ...  products  if  (1050) 
you  have  got  no  market  for  them  ?  Is  there  any  land  on  earth 
that  needs  the  markets  of  America  as  much  as  you  |  do?  Why, 


64 

my  friends,  the  prosperity  of  this  country  has  half  bridged  the 
distance  between  the  Mississippi  river  and  the  Pacific  Coast ;  but 
there  are  ||  long  miles  and  miles  of  barren  -waste  yet  to  be  sub- 
dued, yet  to  be  populated.  I  say  barren  waste,  I  mean  only  in 
appearance.  You  •  have  got  to  have  the  population  of  the  Na- 
tion come  bang  up  against  the  Sierras,  and  when  you  do  that, 
then  you  have  got  a  f  market  that  will  take  in  the  products  of 
California,  immense  as  they  are.  And  you  have  got  the  deep- 
est interest  of  any  set  of  men  f  on  the  face  of  the  earth  to  con- 
tinue the  prosperity  of  this  country;  and  its  prosperity  is  so 

(1200)  magnificent  that  no  amount  of  lying  statistics  (8)  ...  can  gainsay 
the  system  by  which  it  was  done. 

Xow  let  me  give  you  a  word  of  exhortation,  and  I  want  you 
to  understand,  the  |  exhortation  is  the  best  part  of  the  sermon. 
This  country  .is  not  governed  by  presidents  of  the  United  States, 
and  that  is  lucky.  This  country  ||  is  not  governed  from  this 
platform.  That  is  not  quite  so  lucky.  This  country  is  not  gov- 
erned even  by  the  excellent  men  that  are  always  •  sent  to  Con- 
gress. But  it  is  governed  by  this  audience  in  proportion  to  its  , 
bigness,  and  in  proportion  to  the  brains  that  they  put  into  f  their 
votes  this  November.  Now,  there  have  been  a  great  many  other 
questions  on  which  I  could  have  indulged,  humble  as  I  am,  in 
sonorous  J  eloquence,  on  which  I  could  have  given  you  stately 
paragraphs — or  what  I  should  have  thought  were  such — ques- 

(1350)  tions  that  took  hold  of  your  feelings.  (9)  ...  But  I  tell  you  to- 
day there  is  a  more  important  question  at  stake.  It  is  a  ques- 
tion of  the  prosperity  of  this  country.  Now,  I  |  say  to  you  that 
the  prosperity  of  this  country  is  good  for  every  citizen  of  it. 
That  this  country  is  prosperous  won't  make  every  man  ||  pros- 
perous. Nothing  can  put  brains  into  the  head  of  a  fool.  But  if 
this  country  is  prosperous,  every  citizen  will  have  what  they 
used  |  to  call  in  an  early  day  in  this  country  "a  white  man's 
chance."  If  this  country  is  prosperous,  California  is  going  to  be 
prosperous,  and  if  f  it  is  prosperous,  it  is  going  to  be  by  the  con- 

(1423)     tinuance  of  the  system  that  has  made  this  country  great  as  it  is. 


65 


OPENING  ARGUMENT  IN  A  LIBEL  SUIT. 

//.   //.  Boycc   v.    The    Times-Mirror  GJ.   and  C.   J.    Richards,   Los 
Angeles,  Cal. 

T  F  the  court  please,  and  gentlemen  of  the  jury  :  There  |  is  no       150 
one,  perhaps,  who  has  a  greater  regard  for  the  power  and  in-    wco'/-s 

fluence  of  the  press  for  good  than  I  have;   but,  at  the  II  same      Pe> 

minute. 

time,  there  is  no  one  who  more  keenly  appreciates,  from  observa- 
tion extending  through  a  great  many  years,  the  power  and  influ- 
ence of  a  public  I  newspaper  for  evil,  when  improperly  con- 
ducted. This  matter  was  one  of  the  earliest  which  attracted  the 
attention  of  the  people  when  they  were  struggling  to  f  secure 
their  liberty  in  every  direction.  In  England,  when  it  was  sought 
to  establish  the  freedom  of  the  press,  it  was  found  necessary  that 
there  |  should  be  some  guard,  some  protection  to  the  people; 
and,  whilst  they  removed  the  censor,  who  inspected  and  elim- 
inated from  the  newspaper  that  which  they  (1)  ...  thought  ought  (l-r>0) 
not  to  be  published,  they  gave  to  the  people  the  right  to  protect 
themselves  against  unjust  attacks  by  giving  them  an  action  for  | 
libel.  First  among  the  great  men  of  England  were  the  lawyers, 
who,  in  defense  of  the  liberties  of  the  people  as  against  the 
tyranny  and  ||  oppression  of  the  press,  stood  up  for  this  remedy — 
this  protection  against  the  newspaper  in  the  hands  of  unprincir 
pled  and  malicious  men;  and  we  to-day  j  stand  in  the  same  po- 
sition. We  are  here  to  defend  the  rights  of  the  people  against 
the  malice  and  libelous  attacks  of  the  press.  Counsel  j-  on  the 
other  side,  I  am  sorry  to  say,  are  here  to  defend  the  attacks  of  a 
malicious  newspaper  upon  the  rights  and  the  privileges  J  of  the 
citizen — upon  character,  upon  reputation,  upon  good  name,  upon 
all  that  a  man  holds  dear  in  life.  I  do  not  come  before  you, 
(2)  ...  gentlemen,  wiih  any  improper  feeling  in  regard  to  the  (300) 
newspapers,  realizing  the  good  they  may  accomplish,  but  ask  you, 
as  jurors  charged  with  the  solemn  |  duty  of  deciding  upon  the 
facts  in  this  case,  to  determine  fairly  between  these  defendants 
and  the  plaintiff,  who,  we  allege,  has  been  wronged  and  ||  out- 
raged by  the  publication  referred  to. 

The  publication  complained  of  is  libelous  upon  its  face.  It 
charges  crimes,  offenses,  conduct  that  is  derogatory  to  the  j 
plaintiff,  and  which,  if  not  justified,  will  entitle  the  plaintiff  to 


6G 

a  verdict  at  your  hands.  In  response  to  this  complaint,  thus 
charging  that  the  f  article  was  not  only  false,  but  malicious,  the 
defendants,  by  their  answers  put  in  here  separately,  allege  that 
all  the  matters  contained  in  this  article  J  were,  when  they  were 
published,  and  still  are,  true;  that  at  the  time  the  article  was 

(4")U)  published,  the  defendants  believed  them  to  be  true,  and  (3)  ... 
that  the  publication  was  made  from  good  motives,  and  for  justi- 
fiable ends.  They  deny  the  malice,  and  allege  good  motives  and 
justifiable  ends  as  the  |  inducement  to  the  publication  of  this 
charge. 

Let  us  see,  gentlemen,  whether  this  answer  is  true.  The  article 
itself  starts  out  with  a  reference  to  ||  some  criminal  prosecutions 
which,  a  short  time  before,  had  been  begun- by  one  Bragg  against 
the  plaintiff,  H.  H.  Boyce,  and  W.  II.  Seamans,  for  •  conspiracy 
to  defraud.  It  is  admitted  by  the  testimony,  not  only  of  Rich- 
ards, but  by  the  testimony  of  Otis,  that  this  prosecution  that  had 
then  f  been  commenced  was  discussed  among  them  when  this 
article  was  being  considered,  in  reference  not  only  to  the  facts 
stated  in  it,  but  in  reference  J  to  the  propriety  of  its  publication. 
Mr.  Richards  testifies  that  that  litigation  was  referred  to  as  a 

(600)  reason  why  its  publication  was  proper  at  that  (4)  ...  time.  We 
find,  further,  that  Mr.  Richards,  in  giving  an  account  of  how  this 
article  came  to  be  seen  by  him,  says  that  this  article  |  was 
brought  to  him  by  a  reporter  of  The  Times,  and  that  it  contained 
BO  many  mistakes  that  he  was  unwilling  that  any  one  should  )| 
accept  that  statement  as  a  statement  of  the  facts  in  the  case, 
and  that  he  thereupon  corrected  it.  But  we  find  that,  when  the 
testimony  •  of  Mr.  Taylor  comes  to  be  given,  a  telephone  mes- 
sage was  received  at  the  Times  office  from  the  Bellevue  Terrace, 
where  Mr.  Bragg  and  Mr.  Richards  f  were  stopping,  that  a  re- 
porter was  wanted;  in  the  language  of  Colonel  Otis,  "that  Mr. 
Richards  desired  or  was  willing  to  make  a  statement."  The  J 
reporter  went  there;  he  met  Mr.  Richards  and  Mr.  Bragg,  and 
Mr.  Richards  made  his  statement;  that  the  reporter  remained 

(750)  from  about  8:30  until  (5)  ...  11  o'clock  at  night;  that  he  returned 
to  the  office,  and  then  wrote  out  this  statement  which  has  been 
offered  in  evidence;  that  it  was  |  afterward  taken  to  Mr.  Rich- 
ards, and  it  is  said  that  some  minor  corrections  were  made,  but 
these  corrections  were  not  made  by  Mr.  Richards.  Mr.  ||  Rich- 
ards and  Mr.  Bragg  together  came  to  the  Times  office  the  next 


67 

afternoon;  and  on  the  night  of  the  llth  of  February  last,  the 
night  •  preceding  the  publication,  we  find  again  Mr.  Richards, 
Mr.  Bragg,  the  prosecutor  in  these  criminal  cases  that  have 
been  adverted  to  in  this  document,  Mr.  f  White,  and  Mr.  Otis  in 
consultation  over  this  matter. 

This  shows  how  closely  these  two  things  were  connected  to- 
gether; it  shows  that  the  prime  motive,  £  so  far  as  Mr.  Richards 
and  Mr.  Bragg  were  concerned,  was  its  influence  upon  the  prose- 
cution that  had  been  begun  by  Mr.  Bragg.  So  far  (6)  ...  as  (900) 
Colonel  Otis  is  concerned,  it  does  not  appear  that  he  had  any  di- 
regfc  interest  in  that  prosecution;  but  he  had  an  interest  in 
another  |  direction  that  made  him  a  willing  ally  and  aid  to  these 
gentlemen  in  their  persecution  of  the  plaintiff  and  his  friend. 
Now,  Mr.  Otis,  upon  ||  this  subject,  says  that  he  had  one  inter- 
view with  Mr.  Eragg  before  that;  that  he  was  telephoned  that 
Richards  desired  to  make  a  statement.  "  The  •  telephone,"  he 
says,  "  I  think  was  from  Mr.  Bragg.  Taylor  was  sent,  with  my 
'  knowledge  and  approval."  That  is  the  reporter.  "  I  had  one 
interview  f  with  Bragg  before  that,  and  was  aware  of  the  prose- 
cution against  Boyce  and  Seamans."  "  The  ranch  matter  was 
discussed  with  reference  to  its  bearing  upon  J  the  Bragg  prose- 
cution." He  further  testified  that  Bragg  did  desire  its  publica- 
tion; that  he  (Bragg)  thought  an  exposure  should  be  made  in 
reference  to  those  (7)  ...  transactions.  "I  said,"  says  Mr.  Otis,  (1050) 
"if  you  ^yill  state,  over  your  own  signature,  that  you  have  read 
it" — that  is  to  Richards — "  and  that  |  the  statements  are  true,  I 
will  accept  it."  There  was  no  discussion  on  that  point  at  all. 
The  discussion,  therefore,  must  have  been  in  relation  ||  to  the 
propriety  of  its  publication.  So,  again,  Colonel  Otis  testifies: 
"  My  backwardness,  my  reluctance,  was  canvassed.  I  said  to 
Bragg  before  that  I  did  •  not  propose  to  go  into  these  questions, 
or  make  the  publication,  for  the  benefit  of  any  litigant  .or  any 
opponent  of  Mr.  Boyce,  without  I  f  was  very  sure  of  my  ground." 
If  he  was  sure  of  his  ground,  he  was  perfectly  willing  to  go  in 
for  the  benefit  of  a  J  litigant.  He  admits,  again,  that  there  was 
discussion  as  to  the  truth  of  the  article  and  the  propriety  of 
making  it  public  at  that  time.  (8)  ...  And  again,  he  says:  "I  (1200) 
would  not  publish  the  matter  solely  for  their  benefit."  But  their 
benefit  was  considered  and  discussed  in  reference  to  the  |  publi- 
cation of  the  article. 


68 

Let  us  go  a  little  further.  Conceding  that  they  have  attempted 
a  justification  here,  and  conceding  further  that,  if  they  make  [| 
out  their  justification  (that  is,  if  they  prove  the  truth  of  this  ar- 
ticle in  its  whole  scope  and  purpose)  that  they  would  be  entitled 
to  •  your  verdict,  and  that  the  question  of  malice  and  good  mo- 
tives would,  in  that  event,  not  cut  any  figure  in  the  case,  yet,  in 
determining  f  the  weight  that  you  shall  give  to  the  testimony 
produced  by  these  gentlemen,  you  are  entitled  to  look  at  all  the 
circumstances  which  surrounded  them;  J  you  are  entitled  to 
consider  their  motives;  you  are  entitled  to  consider  their  feelings 
of  hostility,  or  otherwise,  to  this  plaintiff;  you  are  entitled%to 

(1350)  (9)  ...  know,  just  as  far  as  their  words  and  their  actions  will  dis- 
close it,  the  feelings  of  their  hearts,  in  order  to  determine  whether 
men  who,  |  entertaining  these  feelings,  resort  to  this  method  for 
the  benefit  of  their  friends  or  the  punishment  of  their  enemies, 

(1406)     are  worthy  of  belief  at  your  ||  hands  as  witnesses  in  this  case. 


TESTIMONY  IN  A  SUIT  CHARGING  FRAUD. 

150  tT      C.  WHITE,  called   on  behalf  of  the  People,  being  duly 
words  '    sworn,  testified  as  follows: 

per 
•ninute.  Direct  examination. 

Q.     What  is  your  name?        A.     E.  C.  White. 

Q.  Where  |  do  you  live?  A.  I  live  in  Los  Angeles;  foi- 
merly  of  Cincinnati,  0. 

Q.  How  long  have  you  been  here?  A.  Since  the  20th  day 
of  January. 

Q.     What  ||  is  your  trade  or  occupation? 

A.     I  came  here  to  interest  myself  in  business. 

Q.     Well,  if  you  have  any  occupation,  please  state  it. 

A.  I  have  several  •  occupations:  school  teaching,  superin- 
tending, etc. 

Q.  Do  you  know  the  defendants,  Col.  Boyce  and  Capt.  Sea- 
mans  ? 

A.     I  have  met  them. 

Q.     When  did  you  first  meet  them?  f 

A.  On  the  21st  day  of  January,  I  believe,  I  met  Gen.  Boyce; 
Capt.  Seamans  on  the  23d  day. 


69 

Q.  Did  you  have  any  conversation  with  J  Col.  Boyce  in  you? 
first  meeting,  in  regard  to  the  Victor  Marble  stock  ? 

A.     No,  sir;  nothing  the  first  meeting. 

Q.     Where  was  it  you  tsavv  him,  (I)  ...  on  the  street,  or  in  his       (150) 
office,  or  his  house  ? 

A.     I  went  to  his  house  with  the  Messrs.  Bragg. 

Q.  State  what  occurred,  with  reference  to  |  this  stock.  Of 
course,  Mr.  White,  we  don't  expect  you  to  give  word  for  word 
the  conversation  that  occurred  that  long  ago,  but  give  the  ||  sub- 
stance. 

A.  We  gathered  there  to  have  some  transaction  with  regard 
to  purchasing  the  Victor  Marble  Company's  stock  certificates; 
and  that  morning,  I  believe  it  was  •  the  23d — the  words  and 
conversation  I  can't  give  exactly,  but  .the  substance  of  it  was,  • 
that  in  talking  we  came  to  the  conclusion  f  to  buy  the  stock  of 
them  at  their  rate. 

Q  What  representations  did  they  make  to  you,  either  one 
of  them  or  both  together,  in  regard  J  to  that  stock  ? 

A  They  made  representations  to  me  that  the  Victor  Marble 
Company  was  just  about  to  let  out  this  company  to  some  persons 
for  (2)  ...  the  purpose  of  burning  lime;  I  believe  the  gentlemen's  (300) 
names  were  Button — three  Sutton  brothers;  that  it  was  a  good 
investment,  they  thought ;  that  they  |  believed  there  was  money 
in  it  Captain  Seamans  stated  that  he  had  2,500  shares,  that 
morning,  in  my  presence. 

Q.  Please  to  wait  one  moment  before  ||  you  go  further.  What 
was  the  conversation  with  the  Suttons,  if  you  remember  it,  and 
if  these  persons  were  present? 

A  In  regard  to  the  Suttons,  •  they  said  there  was  a  party, 
Suttons  by  name,  three  brothers,  who  had  charge  of  some,  or 
owned  some,  transfer  wagons  or  horses  here.  They  f  didn't 
know  what  to  do  with  them,  and  desired  to  take  them  and  use 
them  in  the  mines. 

Q  Any  thing  said  about  a  contract  J  or  agreement  with  the 
Suttons,  whereby  lime  was  to  be  sold  to  them  from  this  Victor 
Marble  Quarry  ? 

A      Yes,  sir.     They  claimed  that  these  Suttons  had  (3)  ...       (450) 
made  them  an  offer  of  a  royalty  of  twenty-five  cents  on  a  barrel 
of  all  the  lime  they  could  produce,  or  a  certain  amount  |  of  lime, 


70 

I  don't  think  any  amount  was  mentioned;  and  they  thought  of 
letting  them  have  it,  providing  we  didn't  take  it. 

Q.  Well,  for  every  ||  barrel  of  lime  that  the  Buttons  got  out 
of  that  quarry,  they  were  to  pay  twenty-five  cents  royalty  to  the 
company  ? 

A.  Yes,  sir.  Further  •  than  that,  we  then  and  there  con- 
summated a  contract  with  these  gentlemen,  or  a  bargain,  to  take 
their  slock.  We  took  from  Mr.  Seamans,  j  I  believe,  twenty-five 
hundred  shares.  And  while  we  were  making  out  these  new  cer- 
tificates from  the  old  ones,  I  remember  Captain  Seamans  turning 
to  Colonel  J  Boyce  and  saying:  "Colonel,  by  the  way,  there  is 
another  thousand  shares  of  stock  that  was  held  for  security," 
(GO);  and,  he  says,  'we  would  like  (4)  ...  to  have  that,  have  this 
straightened  up."  The  Colonel  said  he  guessed  it  was  among 
some  of  his  papers,  or  perhaps  in  his  tin  box.  | 

Q.  Did  Captain  Seamans  state  whether  or  not  that  had  been 
paid? 

A.  He  said  the  whole  thing  had  been  settled,  and  the  Colonel, 
I  believe,  said  ||  he  would  send  it  to  me,  but  I  never  received  it. 

Q.  Send  it  to  you  in  what  capacity,  as  secretary  of  the  com- 
pany ? 

A.     Secretary  of  •  the  company,  I  suppose. 

Q.     Please  go  on  with  what  you  were  detailing. 

A.  As  I  stated,  the  transaction  then  was  made,  and  just  be- 
fore we  sat  f  down  to  the  table,  Colonel  Boyce  called  on  Captain 
Seamans,  I  believe,  to  tell  me,  as  I  hadn't  been  present  hereto- 
fore, in  regard  to  the  J  stock,  in  regard  to  the  company,  the 
workings  of  it. 

Q.     [By  Mr   Fitzgerald.]     This  was  after  the  transaction  was 
completed  ? 
(750)  A.     Before  the  transaction  was  completed   (5)  ... 

Q.  This  was  after  you  had  agreed  to  take  the  stock,  was  it  ? 
'A.  We  were  just  making  the  agreement  And  Captain  Sea- 
mans,  I  believe,  stated,  in  |  a  very  elaborate  way,  the  stock  and 
the  advantages  of  it.  The  titles  were  perfectly  clear,  better  th;»n 
a  patent  from  the  government,  because  we  ||  would  have  no  taxes 
to  pay.  And  also  stated  that  the  claims  were  clear,  and  there 
was  a  good  chance  for  making  money;  that  lime  •  was  worth 
two  or  three  dollars  per  barrel,  was  getting  a  large  price  for  lime, 


71 

and  it  was  very  scarce  here;  and  also  the  marble  f  was  of  good 
quality,  and  plenty  of  it. 

Q.     Proceed  now,  from  that  point. 

A.  Alter  the  explanation  by  Captain  Seamans,  Colonel  Boyce 
was  sitting  there;  1  J  believe  there  was  something  said  in  regard 
to  the  liabilities  of  this  company,  and  he  said  that  the  liabilities 
were  equal  to  the  assets. 

Q.     [By  (6)  ...  Mr.  Gnge.]     That  would  be  rather  leaving  them       (900) 
in  debt,  wouldn't  it,  if  the  liabilities  equaled  the  assets? 

A.  The  liabilities  were  equal  to  the  assets.  |  I  don't  see  how 
they  wouldn't  balance.  After  that  the  purchase  was  made,  at 
which  time,  as  I  stated  before,  the  Captain  called  on  Colonel  || 
Boyce  for  this  thousand  shares  of  stock. 

Q  Did  he  state  the  number  of  that  certificate,  if  you  re- 
member? 

A  The  number  of  that  certificate,  I  believe  |  he  sam.  was 
373,  if  I  remember  correctly. 

Q.     That  was  a  lost  certificate,  you  say  ? 

A.     That  was  a  mislaid  certificate. 

Q.  Did  Captain  Seamans  make  f  any  statement  in  your  pres- 
ence as  to  how  many  shares  of  stock  he  owned  ? 

A.     He  stated  that  he  owned  2,500  shares,  and  he  sold  J  2,500. 

Q.     Do  you   know  of  your  own  knowledge,  or  can  you  tell 
from  the  books  turned  over  to  you,  whether  or  not  that  (7)  ...  is     (1050) 
true  or  false  ? 

A.     I  believe  it  to  be  false. 

[Mr.  Fitzgerald : — Well,  that  is  the  opinion  of  the  witness. 
He  answered  that  too  quick,  |  of  course,  for  us  to  object,  if  the 
court  please,  and  1  suppose  we  can't  strike  it  out.] 

Q.  [By  Mr.  Dunlap.]  Please  look  at  these  ||  books  that  have 
been  offered  in  evidence,  and  see  whether  or  not  they  are  the 
books  of  the  corporation  turned  over  to  you  as  secretary,  •  or 
were  they  ? 

A.     Yes,  sir,  they  look  like  them;   I  think  they  are. 

Q.  Please  look  at  this  one  marked  "  Transfer  Journal,"  page 
47.  Have  you  ever  f  examined  that  book  before,  and  that 
special  page  ? 

A.     Yes,  sir;  I  have. 

Q.  When  was  the  first  time  you  examined  it,  if  you  remem- 
ber? 


72 

A.     It  was  J  on  the  24th  or  25th,  I  can't  say  which  date  posi- 
tively, of  January. 

Q.     State  whether  or  not,  when  you  look  at  that   book,  the 
(1200)  number  (8)  ...  394  opposite  the  date  on  the  left-hand  page,  July 
19th,  Victor  Marble  Company,  opposite  the   name  W.   H.  Sea- 
mans,  and  on  the  |  fourth  line  from  the  right — whether  or  not 
that  number  394  was  there  ? 

A      It  was  not  there. 

Q.     What  number  was  there? 

A.    .382.  || 

Q     382.     Look  and  see  if  you  can  tell  from  that  book  whether 
or  not  certificate  number  382  had  been  sold  to   |  anybody  else? 

A      Yes,  sir;  it  had  been  sold  to  somebody  else. 

Q.     Look  also  over  on  page  46,  and  see  whether  or  not,  in  the 
fifth  f  column  from  the  left,  the  number  373,  representing  the 
nurooer  of  a  certificate,  was  there  when  you  first  examined  it  ? 
(1325)       A.     It  was  not  there.  | 


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